HomeMy WebLinkAboutPlanning Comm min 1990/03/14
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Tape: 308
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MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m.
Wednesday, March 14, 1990
ROLL CALL
Council Chambers
Public Services Building
COMMISSIONERS PRESENT: Chairman Tugenberg, Commissioners
Casillas, Fuller, and Shipe
COMMISSIONERS ABSENT: Commissioner Cannon, and Commissioner Grasser
(with prior notification)
Carson,
STAFF PRESENT:
Principal Pl anners Lee and Pass, Assistant
Planner Barbara Reid, Associate Planner
Herrera-A, Environmental Coordinator Doug Reid,
Contract Pl anner Bi 11 Hei ter, Pl anni ng
Consultants Lettieri and Manganelli, Senior Civil
Engineer Ullrich, Assistant Attorney Rudolf
PLEDGE OF ALLEGIANCE - SILENT PRAYER
The pledge of allegiance to the flag was led by Chairman Tugenberg and was
followed by a moment of silent prayer.
INTRODUCTORY REMARKS
Chairman Tugenberg reviewed the composition of the Pl anning Commission, its
responsibilities and the format of the meeting.
APPROVAL OF MINUTES
MSUC (Shipe/Carson) 4-0 (Cannon and Grasser absent) to approve the Minutes of
January 24, 1990, with correction on page 7, last paragraph, ".. .paragraph 4
should 'stay' instead of 'staff'..."Commissioner Casillas abstained from
voting.
MSUC Shipe/Casillas) 6-0 (Cannon and Grasser.absent) to approve the Minutes of
February 14, 1990, as mailed.
ORAL Cm.1MUNICATIDtJS
Paul Green, Sr., 141 Lotus
protect him against slander.
one slandering him.
Drive, Chula Vista 92011, asked the Chair to
Chairman Tugenberg assured him there would be no
Planning Commission
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March 14, 1990
ITEM 1: PUBLIC HEARING: PCZ 90-05: CONSIDERATION OF TENTATIVE SUBDIVISION
MAP FOR VILLA DEL REY CONDOMINIUMS, CHULA VISTA TRACT 90-05, John
and Yolanda Po11erena (continued from 2/28/90)
Assistant Planner Barbara Reid pointed out the location of the project and the
surrounding land uses. The site in question was rezoned from the County RV15,
which is approximately 14-1/2 dwelling units per acre, to R-1-5-P, City
single-family zoning for approximately 6 to 7 dwelling units per acre, in
August 1989. Upon filing of an Initial Study by the applicant, and subsequent
meetings with Planning staff, it was concluded that the project was in the
pipeline and could proceed with a 10-unit development. The plan was approved
by the Design Review Committee in August 1989. Ms. Reid stated the decision
before the Commission was whether to approve the Tentative Subdivision Map
whi ch allow the app 1i cant to sell the uni ts or rent the uni ts or rent the
units if it was not approved.
Ms. Reid commented that the Montgomery Planning Committee had some concerns
regarding the Addendum to the Negative Declaration because one of the schools
1 i sted on the data sheet was incorrect and the reasoni ng of the School
District in continuing to take students when they are over capacity was not
known.
Assistant Planner Reid recommended that the Commission adopt the Negative
Declaration IS-89-81M, and based on the findings contained in Section "E" of
the report, adopt a motion recommending that Council approve the tentative
subdivision map for Villa del Rey Condos, Chu1a Vista Tract 90-05, subject to
the conditions 1 isted in the staff report. Ms. Reid asked that condition 10
be changed to read "If full street improvements are required, the owner may
request that the City establish a reimbursement district to provide for
reimbursement from the benefitting property."
After discussion as to whether the units should be for rent or for sale,
Principal Planner Lee explained that the approval of the tentative map would
allow the applicant to sell units if he desired; the project could proceed as
a development of rental project if the tentative map was not approved. By
approval of the tentative map, the design would satisfy the requirements of
either an apartment or a condominium.
Commissioner Fuller asked for clarification regarding the change to condition
no. 10. Ms. Reid explained there was only one property which would benefit,
and the other properties surrounding the area would not be polled.
Upon Commissioner Fuller's query, Senior Civil Engineer Ullrich explained that
the traffic signal fees assessed benefitted all properties in the City and
that it was deposited into a fund for improving traffic signals.
This being the time and the place, the public hearing was opened.
James McMurren, 474 Emerson Street, Chula Vista, spoke against the apartment
units; the petitioners wanted single-family homes. He said there were already
too many apartment buildings in that area.
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Ted Goldberg, P. O. Box 9545, Rancho Santa Fe, 92067, stated he owned the
property at 516 Oxford Street, asked if the app1 icant could add units on the
property later, and if he would lose the pipeline benefit he had at this point.
Principal Planner Dan Pass answered that he would lose the benefit. The only
thing the applicant had a pipeline to was the 10 proposed units he had at the
time. Mr. Pass explained further that the only reason the pipeline was
honored was the 1 and had not been rezoned at that time and it was in accord
wi th the Montgomery Specifi c P1 an. He a1 so added that the project wou1 d be
si ng1 e-fami 1y dwell i ngs, whether they were rented or not, so it di d 1 ive
within the spirit and the letter of the R-1-5-P
Mr. Goldberg continued to say he would like to see single-family homes go up
in that area instead of the anticipated project. He believed if the tentative
map were denied, the app1 icant would not be able to build the complex, and
instead, single-family homes would be built there.
John E. Po11erena, 1222 Tobias Drive, Chu1a Vista, owner of the property, gave
the background of the project and spoke in favor of the project.
No one else wishing to speak, the public hearing was closed.
Commissioner Fuller said she had some misgivings about the project at first
because of previous discussions held regarding other projects and the fact
that the residents in the area wanted single-family residences in that area.
She would like to see the area remain single-family but the way the property
is cut up, there sti 11 wou1 d be vacant 1 and on the corner that wou1 d be
developed some other way. She said she would support the tentative
subdivision map.
Planning Commission
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March 14, 1990
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Commissioner Casillas stated he would support it as well, but had a question
regarding density bonus. ~'r. Pass said the Montgomery area had two bonuses:
one for superb design, which can only tak~ place in the low-medium category of
the General Plan, and the other for affordable housing under the Housing
Element of the General Plan. There was no density bonus on this property, but
this was a pipeline project which had been started nearly two years prior to
application. Commissioner Casillas concluded at this point that the density
bonus was invalid. Mr. Pass concurred.
Chairman Tugenberg queried if this was in the pipeline while it
County and under County specifications, the project wou1 d
acceptable. Mr. Pass answered in the affirmative.
was in the
have been
MSUC (Fuller/Carson) 5-0 (Cannon and Grasser absent) to adopt Negative
Declaration IS-89-81M.
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MOTION BY COMMISSIONER FULLER that based on the findings contained in Section
"E" of the staff report that the Commission recommend that the Council approve
the tentative subdivision map for Villa del Rey Condos, Chu1a Vista Tract
90-05, sUbject to the conditions 1 through 17 with the amended condition 10 to
read "If full street improvements are required, the owner may request that the
City establish a reimbursement district to provide for reimbursement from the
benefitting property," and the Code requirements.
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March 14, 1990
Assistant Attorney Rudolf interjected that the Planning Commission would have
the final authority in this case unless appealed to the Council, so the motion
should be reworded to reflect that.
AMENDED MOTION
MSUC (Fuller/Carson) 5-0 (Cannon and Grasser absent) that based on the
findings contained in Section "E" of the staff report, the Planning Commission
approve the tentative subdivision map for Villa del Rey Condos, Chula Vista
Tract 90-05, subject to the conditions 1 through 17 with the amended condition
10 to read "If full street improvements are required, the owner may request
that the City establ ish a reimbursement district to provide for reimbursement
from the benefitti ng property," and the Code requi rements.
ITEM 2: PUBLIC HEARING: PCZ-90-1-M: CITY-INITIATED PROPOSAL TO REZONE
CERTAIN TERRITORY, GENERALLY BOUNDED BY WALNUT DRIVE, MAIN STREET,
PALM DRIVE AND THE AUTUMN HILLS CONDOMINIUM PROJECT FROM ITS
CITY-ADOPTED COUNTY ZONE CLASSIFICATIONS TO CITY CLASSIFICATIONS
UTILIZED THROUGHOUT CHULA VISTA.
THE PROPOSED REZONINGS ARE CONFINED TO THE "WOODLAWN PARK/EAST
WOODLAWN PARK" SUBCOMMUNITY OF MONTGOMERY AND ARE GOVERNED BY THE
MONTGOMERY SPECIFIC PLAN ADOPTED BY THE CHULA VISTA CITY COUNCIL ON
JANUARY 12, 1988 AND ON SEPTEMBER 13, 1988. SHORT FORM OF TITLE OF
PROPOSAL: WOODLAWN PARK/EAST WOODLAWN PARK
Consul tant Lettieri, using overhead projection, pointed out the area to be
rezoned which represented 60 acres and was improved with 138 lots, 94 of which
were developed with single-family residential uses. Adjacent zoning to the
north and a portion to the west and east are developed single-family R-1;
adjacent to main street is l-L; Industrial, Commercial, and Residential south
of Main Street; and R-3-P zoning just to the east, and again single-family.
The Montgomery Pl anni ng Committee in February 1990 recommended approval of
this project. Staff recommended approval' since the zone classifications were
intended to implement the Specific Plan. .
This being the time and the place, the public hearing was opened.
Paul Green, Sr., 141 Lotus Drive, Chu1a Vista, 29011, said he had been living
in Woodl awn Park over 20 years. He referred to a map di stri buted to the
Commission prior to the meeting, which he thought was a fairer designation.
Mr. Green said at one time the area had been designated Residential-Commercial
in the County. He spoke in opposition to the rezoning.
No one else wishing to speak, the public hearing was closed.
Chairman Tugenberg asked if there was ever a time when this was zoned
commercial. Consultant Lettieri answered there was no commercial or RC zoning
on the property, according to their research.
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March 14, 1990
Chairman Tugenberg asked for verification that the Montgomery Committee had
supported the rezoning. Mr. Lettieri answered in the affirmative.
Commissioner Casillas asked about the study referred to under "Analysis"
regardi ng the mi xed-use concept. He wanted to know what the study woul d
accomplish. Mr. Lettieri answered that the Montgomery Planning Committee had
discussed the idea of a mixture of uses in the residentially designated
properties for a planned concept of residential, possible commercial, uses
together. He emphasized "planned concept" so that on larger pieces of
property, particul arly those subject to noi se or other exi sti ng 1 and use
conflicts, the residential concept which is in the Montgomery Specific Plan
can be implemented but also certain uses which would more relate to traffic
hazards on Main Street or noise could also be implemented through a permit
process.
MSUC (Casillas/Fuller) 5-0 (Cannon and Grasser absent) that based on the
Initial Studies and comments on the Initial Studies and Negative Declarations,
find that this reclassification will have no significant environmental impacts
and re-adopt the Negative Declarations issued on IS-88-4M and IS-88-65M for
the Montgomery Specific Plan.
MSUC (Casillas/Fuller) 5-0 (Cannon and Grasser absent) to recommend adoption
of an ordinance to change the zones as described on the attached Exhibit "A".
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ITEM 3:
PUBLIC HEARING: DRAFT ENVIRONMENTAL IMPACT REPORT EIR-89-11 ,
OLYMPIC TRAINING CENTER
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Assistant Planner Barbara Reid stated the Olympic Training Center covered a
l50-acre site located east of Hunte Parkway, south of Orange Avenue and
immediately west of Wueste Road and lower Otay Reservoir. The SPA plan
i ncl udes athl eti c fiel ds, a gymnasi urn, soccer, fiel d hockey, archery, track
and field, tennis facilities as well as a cycling criterion course, housing,
visitor center and parking. She said two previous EIRs had already been done
on the site, and the supplemental EIR before the Commission was to provide
accurate and concise information which analyzed the environmental consequences
of the adoption of the OTC SPA plan. She said the Draft EIR had been subject
to a 45-day review from the Clearinghouse and no comments had been received
from member agencies. In the staff report, it was requested that the Final
EIR be revised to address the impacts of th~ proposed grading, but subsequent
to the writing of the staff report, there have been ongoing meetings and at
least two revisions have been made to the grading plan. She said there was to
be another meeting on Friday for the purpose of having the grading plan meet
the General Plan land form contour guidelines and to substantially reduce the
land form impacts to a level below significance. Staff was asking the
consultants to include the final proposed grading plan in the Final EIR as a
response to staff comments regarding grading, and to address any additional
impacts which had not already been addressed in an addendum. Ms. Reid stated
the Final ErR would go back to the Commission on April 11. The Resource
Conservati on Committee had recommended certifi cati on of the EI R. There had
been two responses to the Draft EIR: one from the Pl anni ng Department of the
City of San Diego; and one from Katy Wright, Project Manager at EastLake.
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March 14, 1990
This being the time and the place advertised, the publ ic hearing was opened.
No one wishing to speak, the public hearing was closed.
Chairman Tugenberg said it was hard to picture landforms from topographic
maps. He said most people were unhappy with the grading on Telegraph Canyon
Road. He woul d like to see in April when the project comes back a computer
graphic so the Commission could see the contours of the slopes.
No motion was required on this item.
ITEM 4: PUBLIC HEARING: PCC-90-27: CONSIDERATION OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT TO ESTABLISH A RETAIL DISTRIBUTION CENTER FOR
OFFICE PRODUCTS AND SUPPLIES IN AN EXISTING BUILDING ON 1.4 ACRES AT
630 "L" STREET IN THE l-L LIMITED INDUSTRIAL ZONE - Offi ce Cl ub, Inc.
Consultant Paul Manganelli said the property consisted of 1.4 acres of a 2-1/2
acre site. He used overhead projection to show the surrounding land uses, and
pointed out the project site. Staff recommended approval in accordance with
findings, subject to conditions in the staff report. The applicant had
remodeled the interior, which the applicant realized was at their own risk,
and had supplied staff with a letter to acknowledge that fact. In addition,
they had stocked the store, again at their own risk. They had also painted a
5-ft. wide stripe along the top of the building in a royal blue, again subject
to staff review.
Commissioner Casillas asked if the area to the east would have a high fence
with landscaping. Mr. Manganelli replied there was already a fence around it
with barbed wire, but it would not be landscaped. One of the conditions of
approval was that no use be made of that in conjunction with the use they are
proposing, and that no use be made until such time that a map is filed.
Chairman Tugenberg asked if both of the lots were owned by the same person and
who the owner was. Mr. Manganelli said the applicant could clarify that.
Commissioner Fuller asked why the Chula Vista Elementary School District
charged a developer fee of 12t per' sq. ft. and the Sweetwater High School
District did not charge a developer fee. Principal Planner Lee said the State
Law requires fees for new construction and that there may be some confusion on
thi s parti cul ar project on the part of the El ementary Di stri ct, and the
applicant may want to pursue it.
This being the time and the place as advertised, the public hearing was opened.
Sam Borgese, 1635 Challenge Drive, Concord, CA 94520, Director of Real Estate
for Office Club, Inc., said they had originally miscalculated when they would
be in front of the Commission and had started some procedures of remodeling.
In the process of doing that, they had some inventory shifted and moved into
the store. He said they were aware and confi rm wi th staff that it was at
their risk. He said the owner of the property was Broadway Associates, a
General Partnership, that purchased the land from the previous owner.
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March 14, 1990
Chainnan Tugenberg pointed out to Mr. Borgese that he shou1 d contact the
School District to be sure they aren't charged the fee. Mr. Borgese concurred.
No one else wishing to speak, the public hearing was closed.
MSUC (Carson/Shipe) 5-0 (Cannon and Grasser absent) that based on the Initial
Study and comments on the Initial Study and Negative Declaration, find that
the project wi 11 have no si gnifi cant envi ronmenta1 impacts and adopt the
Negative Declaration issued on IS-90-37.
MSUC (Carson/Shipe) 5-0 (Cannon and Grasser absent) that based on the findings
contained in Section "E" of the staff report, adopt a motion recommending that
the City Council approve PCC-90-27 subject to the conditi ons 1 i sted in' a .
through 'g'.
ITEM 5: PUBLIC HEARING: PCA-90-04: CONSIDERATION OF AMENDMENTS TO TITLE 19
OF THE MUNICIPAL CODE RELATING TO NONCONFORMING SIGNS ABATEMENT AND
APPEAL OF SIGN DESIGN DECISIONS OF THE ZONING Aor~INISTRATOR - City
Initiated
Pri nci pal P1 anner Lee stated there were two ordi nance amendments, whi ch had
been proposed and presented to the Governmental Affairs Committee of the
Chamber, without comment. He sai d there was attached for thei r i nfonnati on
the noncodified section of the Code which was going on to the City Council for
consi derati on, whi ch wou1 d extend the 15-year abatement peri od whi ch
terminated in December 1989, extending it to December 1990. He said there was
also a provision that if an applicant files a planned sign program with the
City by August 1990, they were eligible for a one-year extension which would
put them into 1992. Both proposals were set up by the City Council, and that
was why it was a noncodified section because it will sunset after that point.
In addition, the ordinance amendment before the Commission would involve the
establishment of the City's Design Review Committee to have the first line of
appeal on sign design issues, before goin~ on to the Commission and Council.
Commissioner Fuller, referring to Exhibit A, #F, asked if the Design Review
Committee currently submitted annual reports.
Principal Planner Lee said it was being done currently, but staff should make
sure the Planning Commission receives copies of those reports.
Commissioner Carson asked for clarification as to whether it was understood
that the sign design issues could be appealed to the Planning Commission or if
it should be placed in the revision. Mr. Lee said it presen~y goes to the
Planning Commission, and that they just added the Design Review Committee into
the present procedures. Assistant Attorney Rudolf clarified that it was
included in Section 19.14.583 which was not being revised.
This being the time and place as advertised, the public hearing was opened.
No one wishing to speak, the public hearing was closed.
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Planning Commission
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March 14, 1990
MSUC (Shipe/Casillas) 5-0 (Cannon aM Grasser absent) to find the proposed
changes to the Municipal Code are categorically exempt [Class 11 (a)] from
environmental review.
MSUC (Shipe/Casi" as) 5-0 (Cannon and Grasser absent) to recommend that the
City Council enact an ordinance amending the Municipal Code as shown on
Exhibit A attached.
DIRECTOR'S REPORT
Principal Planner Lee stated the next regular meeting of March 28 originally
had two items schedul ed. The SPA Plan for the Olympi c Center, based on the
chan~es to the grading plan, would not be ready for that meeting and the
app 1, cants have asked their heari ng be moved to Apri 1 11. Si nee there wou1 d
only be one item left, staff has decided to move that item to April 11, also,
rather than have a meeting with one item. He asked that the Commission cancel
the meeting of March 28, with ,the next regular meeting being April 11.
COMMISSION COMMENTS
Chai rman Tugenberg commented on the steepness of the gradi ng on Tel egraph
Canyon Road along EastLake Greens and North LakeShore Drive on the left side.
He said he was really disappointed and thought the Planning Department should
require on large grading projects a computer readout.
Principal Pl anner Lee concurred, and said that some of the projects between
the time they go through all of the processes and are actually constructed
involves three to four years, so some of the projects that were in place and
some of the grading concepts that were in place a number of years ago are now
being caught up in the next phases of the project, but construction is taking
place on items that were approved sometime back. He said staff is trying to
make sure there is some good attempt at contour gradi ng, and wou1 d have to
provide for much greater variety, in the slope variation itself. He agreed
that the computer graphi c techni que was a' good one on 1 arge proj ects to bri ng
forward to the Commission so they would have a better understanding of exactly
what is being proposed.
Chairman Tugenberg felt it should be required. He said E1 Rancho del Rey had
done an outstanding job on Otay Lakes Road, and that other developers should
be able to do that.
ADJOURNr1ENT at 8:25 p.m. to the Regular Meeting to be held April ", 1990.
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/~__ Nancy Ripley, Secretary
~. - Planning Commission
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WPC 7391P