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HomeMy WebLinkAboutPlanning Comm min 1986/08/27 Tape No: 273 Side: 1 - 800-1735 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 7:00 p.m. Public Services Buildin~ Wednesday,August 27, 1986 Ro__LL C_ALL COMMISSIONERS PRESENT: Chairman Shipe, Commissioners Cannon, Carson, Grasser, Green, Guiles and Tugenberg COMMISSIONERS ABSENT: None STAFF PRESENT: Director of Planning Krempl, Principal Planner Lee, Deputy City Attorney Moore, Senior Civil Engineer Daoust, Environmental Review Coordinator Reid, Director of Community Development Desrochers, Senior Community Development Specialist Putnam PLEDGE OF ALLEGIANCE - SILENT PRAYER The pledge of allegiance to the flag was led by Chairman Cannon and was followed by a moment of silent prayer. INTRODUCTORY REMARKS Chairman Cannon reviewed the composition of the Planning Commission, its responsibilities and the format of the meeting. ORAL COMMUNICATIONS None 1. PUBLIC HEARING: SUPPLEMENTAL DRAFT EIR-86-1 AMENDMENTS TO THE CHULA VISTA BAYFRONT SPECIFIC PLAN Environmental Review Coordinator stated that three letters had been received, but no commentS from any State Agency through the Clearinghouse as yet; he requested distribution of the Coastal Commission letter just received and introduced Paul Desrochers, Director of Community Development. ~irector Desrochers noted that the item would be considered by the Coastal ,mmission in November; moving the road westward would provide more public qss, better views and facilitate traffic circulation; either the swale or Planning Commission -2- August 27, 1986 the underground drainage option involved 300,000 to 400,000 yards less imported fill than the approved version. He then introduced Robin Putnam, Senior Community Development Specialist, to speak to the amendments to the EIR. Ms. Putnam reviewed the proposed amendments to the adopted Chula Vista Bayfront Specific Plan, the resultant environmental impacts, and the proposed mitigation measures in the areas of land use, circulation, grading and drainage. By use of the overhead projector, she illustrated (1) the land use changes involving relocation of the public open space between the office park use and Verier Pond; the park adjacent to SDG&E ROW south of Sweetwater Marsh; and the incorporation of the specialty retail use into office park use: (2) the 1 5/"E" circulation revisions involving the - Street ramps; realignment of Marina Parkway and Tidelands Avenue; the Bay Boulevard reconfiguration south of "E"; and the narrowing of Marina Parkway and the "F" Street ROW; and (3) the addition of an above-ground drainage swale discharging into San Diego Bay instead of the underground drainage provided in the certified LCP. The alternative of a 5:1 vegetated slope to direct runoff into underground storm drainage system was also discussed. Questions and concerns expressed by the Planning Commission included the Coastal Commission's comment that to implement the preferred alternative identified in the SEIR "would necessitate an amendment to the City's certified Local Coastal Program." The feasibility of the "E" Street/l-5 interchange was also questioned because of the traffic generated by Bay Boulevard commercial uses and Rohr Industries. The timing for bridge widening was also questioned. Director Desrochers noted that when congestion reaches LOS D, as determined by the City Traffic Engineer, additional traffic lanes must be added to the bridge at the applicant's expense. This being the time and the place as advertised, the public hearing was opened. Chuck LeMenager, Executive Vice President, Chula Vista Investment Company, P.O. Box 8086, Rancho Santa Fe, stated that Lyle Gabrielson and Orville Ball would discuss the proposed plan; and his firm does not agree with the conclusion that park land placed within the proposed cloverleaf is lost park land since it is still enjoyable by the public. Lyle Gabrielson, President of Rick Engineering, 5260 Friars Road, San Diego, stated that the proposed alternative would increase the elevation of the perimeter along the bluff approximately 5 to ~ feet creating a barrier to the development from the bay and the marshes; coastal access would not be impeded by the drainage swale; a high level of maintenance would not be required since it was grass like the rest of the park; a timber flap-gate at the terminus of the swale will alternately seal against tidal action and discharge water during flood flows; and that a French-drain system would be incorporated to remove nuisance water flowing from landscape irrigation into a sub-surface drainage system. He explained that the flap-gate remains closed against an incoming tide until the water surface behind the gate exceeds the elevation of the tide at which time the gate would open and discharge the water. Planning Commission -3- August 27, 1986 Orville Ball, Orville Ball and Associates, E1 Cajon, consultant in design, rehabilitation management and environmental analysis of water systems, spoke to the possible impaction of the retention basin by chemical contaminants from urban runoff. He stated that his firm was "persuaded very strongly that no water quality problem exists" and that the most effective means of prevention was outlined in the EIR as the employment of an aggressive maintenance program to control the accumulation of pollutants. With respect to the watershed he suggested that either a tidal gate of some nature be lifted during the dry weather season to prevent stagnation, or that continual tidal flushing of the "...so-called fresh-water detention basin...would not only disperse but dilute any generation of undesirable pollutant marsh area." George Merziotis, 7u1 Broadway, Chula Vista, expressed concern that he had received no notification of the public hearing although he owned property in the area. Upon questioning, Environmental Coordinator Reid said that the notice of the public hearing and of the public availability of the Draft EIR had been sent out approximately 45 days previously to all property owners on file plus all within 300 feet of the project. The Chairman concluded that the meeting would continue based on representation from the staff that public notices had been mailed. He informed Mr. Merziotis that the Final EIR would be considered on the 24th, it would also be a public hearing and Mr. Merziotis should be present if he wished to speak on those items. No one else wishing to speak, the public hearing was closed. Discussion ensued about canceling the regular workshop meeting of the Commission scheduled for the 17th, and having a business meeting instead so the item could be considered at an earlier date. 2. PUBLIC HEARING: CONSIDERATION OF THE REVOCATION OF CONDITIONAL USE PERMIT PCC-84-23 AUTHORIZING THE ESTABLISHMENT OF THE CABRILLO SCHOOL OF NURSING, 713 BROADWAY (continued) The Zoning Administrator approved the Conditional Use Permit authorizing the establishment of the Cabrillo School of Nursing and limited the number of students to 30 because of the limited on-site parking (32 parking spaces of which the School is allotted 22). Subsequently, there was concern that the School had exceeded the 30 student maximum and letters regarding the apparent violation were sent in May and July. Prior to the public hearing to consider revocation of the permit, staff was contacted by the applicant who said the issue had been resolved. No testimony in opposition being offered at the public hearing, the Commission continued the item to August 27, 1986 to allow the applicant to pursue a request for a modified CUP to increase enrollment to 50 students. Planning Commission -4- August 27, 1986 In response to public notice of this request, staff received three letters of protest from nearby residential developments as well as businesses. The applicant was contacted and has requested a continuance of both the modification request and the revocation hearing to try to resolve the issues. Staff concurs with the recommendation of continuance of the revocation hearing to the meeting of September 24, 1986, and the modification request scheduled before the Zoning Administrator on September 17 may also be forwarded to the Planning Commission at the same time depending on the outcome. MSUC (Shipe/Guiles) to continue consideration of the revocation of Conditional Use Permit PCC-84-23 to the Planning Commission meeting of September 24, 1986. 3. PUBLIC HEARING: VARIANCE ZAV-87-1 REQUEST TO VARY FROM THE STANDARD CITY PARKING REQUIREMENTS IN ORDER TO OPERATE A NIGHT CLUB AT 15 FOURTH AVENUE - SU LI IP - (continued) Principal Planner Lee indicated that the item had been continued to address the City requirement for a bona fide eating establishment in conjunction with dancing, and the applicant's request to allow a shared-parking agreement with other tenants. By restriping and expanding the parking area, the present 125 spaces can be extended to 149 which would provide the required 70 spaces for use by the night club and leave 79 spaces for use of other businesses open at the same time. At the meeting of August 13, 1986, adjacent property owners had expressed concern over the possibility of illegal parking in the adjoining areas and the applicant had submitted a letter of intent to provide a security patrol of the premises. Mr. Lee noted that 12 conditions were outlined in the staff report; that the City Attorney had suggested a change to Condition 3 which speaks to agreements being approved by the City Attorney to incorporate a clause that these agreements be enforceable on an on-going basis. Concern was expressed by Commissioner Grasser regarding the extensive amount of work required (by Conditions 9 and 10) on a remodel item; particularly the requirement for a street light when new construction is not involved and there are existing facilities who would benefit by the light and questioned the City's responsibility if the street light were considered inadequate. Staff replied that when a major land use change is being made and other users are involved, all City departments review the project; because of the location and condition of the building, Conditions 9 and l~ are recommended by the Engineering Department since being in an older section of town, the street light might be substandard and the sidewalk in need of repair; lights are the responsibility of the developer while the City pays energy and maintenance; if remodeling reaches a significant doll ar value ($10,000), the City must review the project to determine missing or inadequate public improvements necessary to serve the use. Commissioner Cannon agreed with Commissioner Grasser that such costs were over-burdening on the remodel in that the developer had previously paid for street lights, sidewalks and road improvements at the time of construction. Planning Commission -5- August 27, 1986 Additional discussion was held on the subject of landscaping in view of the density of parking within parking area being completely enclosed. Staff explained that landscaping is proposed at the end of the parking area and a tree canopy and ground cover for the central area. T~e plans have not been worked out in their entirety as yet. Commissioner Guiles asked about the applicant's reaction to the conditions being imposed; would the "bona fide eating place" have to be in effect at the time of opening the night club. He was answered that the conditions had been discussed with the applicant at various times; the applicant has indicated the wish to pursue an ordinance amendment; no reply had been received from the adjacent owners in terms of a choice between a wall or a security officer patrol; but since there is a commitment of intent by the owner to have a private security force on the property, this officer could also be utilized to prevent parking that would obstruct the access of emergency vehicles. This being the time and the place as advertised, the public hearing was opened. Regina Hickey, 21 Fourth Avenue, Chula Vista, owner of an adjacent apartment project, asked if a requirement for the security officer would be incorporated; stated she did not feel the wall would be the preferable solution; asked why she had been required to provide landscaping with an approved sprinkling system and guaranteed maintenance when this project had not been. Staff replied that Ordinance requirements specify that at a certain dollar amount, the landscaping must be brought up to Code; as there are several users the plan will have to be worked out on an equitable basis regarding landscaping and irrigation with the developer's landscape architect; and the Planning Commission would make a determination at this meeting in favor of the security guard or the zoning wall. No one else wishing to speak, the public hearing was closed. MS (Tugenberg/Shipe) that based on the findings in Section "£" of the staff report, to deny the request as filed, ZAV-87-1, to vary from the standard parking requirements in order to operate a night club with 4,500 square feet of seating/assembly dance floor area at 15 Fourth Avenue but to approve a modified variance request which is subject to Conditions 1 through 12, with a change in Condition ~ stating that the agreements acceptable to the City Attorney should be enforced on an on-going basis. AMENDED MOTION Commissioner Cannon proposed an amendment to the motion that (1) under Condition 2, it be stated that a security guard be on site in the parking lot during the entire period of operations; (2) under Condition 9, the requirement for a street light be deleted; (3) add an additional Condition that a landscape plan be submitted to staff prior to the issuance of building permits. Commissioner Tugenberg (maker of the motion) stated his acceptance to the modification to Condition 2 and the addition of the landscape condition, but rejected the deletion of the street light as required by the City Engineer. Planning Commission -6- August 27, 1986 Commissioner Cannon then withdrew his amendment but stated he would not vote for the main motion. Commissioner Green said he could not accept the findings for the following reasons: #1, the owner or his predecessor had built the center with the parking as it presently exists thereby creating his own "hardship"; #2, in his opinion, this would constitute a special privilege; #3, he did not believe the project was workable; the parking arrangements depended on the whereabouts of the security guard who would probably be checking ID's at the club entrance rather than patrolling the parking lot; and #4, he is unable to see how a night club project would be of sufficient benefit to Chula Vista's welfare to warrant such accommodations. Commissioner Tugenberg replied that he considered the site "peculiar" in that some businesses are not open at the same time. Commissioner Carson agreed with Commissioner Green's statement and added her concern about vehicular access in case of an emergency, a concern already expressed by the adjacent neighbors. The motion failed by the following vote: AYES: Commissioners Tugenberg, Grasser NOES: Commissioners Shipe, Cannon, Guiles, Green, Carson ABSENT: None. SUBSTITUTE MOTION MS (Green/Carson) to deny the request for the variance entirely. Commissioner Cannon said he would vote against this motion because he believes the project is salvageable although he would prefer more landscaping. The motion failed by the following vote: AYES: Commissioners Green, Carson, Shipe NOES: Commissioners Tugenberg, Grasser, Cannon, Guiles ABSENT: None SUBSTITUTE MOTION MS (Cannon/Grasser) that based on the findings in Section "E" of the staff report, to deny the request as filed, ZAV-87-1, to vary from the standard parking requirements in order to operate a night club with 4,500 square feet of seating/assembly dance floor area at 15 Fourth Avenue but to approve a modified variance request which is subject to Conditions 1 through 12 with the changes to the following Conditions: Condition 2 - A plan shall be submitted for the improvement and restriping (double striping) of the existing and new parking areas in conformance with City standards. A security guard shall be on site in the parking lot at all times of operation to ensure that parking does not occur on adjacent property. Planning Commission -7- August 27, 1986 Condition 3 - Agreements acceptable to the City Attorney shall be submitted by (a) all uses participating in the shared parking arrangement agreeing not to change their business hours so as to conflict with the night club, (b) the property owner agreeing that no new business with conflicting hours will replace a shared parking participant, and (c) the night club shall not be open between the hours of 2:00 a.m. and 6:00 p.m. The property owner shall annually submit a written statement of the hours of operation for all businesses within the center. Condition 9 -to be deleted and replaced with - A landscape and irrigation plan for the entire center shall be submitted for review and approval by the City Landscape Architect. Discussion ensued about the street light previously a part of Condition 9 - if the street light was a "requirement" under an existing Municipal Code. City Traffic Engineer Glass remarked that the street light was a condition required by staff and was a requirement in order to receive a building permit. In reply to a question ~ by Commissioner Cannon, Deputy City Attorney Moore remarked that the might be referring to something in the Uniform Building Code requiring that this condition had to be met prior to issuance of a building permit and the Commission could put in a provision stipulating waiver of responsibility for the street light. Commissioner Cannon then stated that he waived that responsibility as far as his motion was concerned. Commissioner Green urged voting against the motion because of the need to have constant monitoring of the business, the parking, and the presence of the security guard in the parking lot. Motion carried by the following vote: AYES: Cannon, Grasser, Tugenberg, Guiles NOES: Shipe, Green, and Carson ABSENT: None 4. PUBLIC HEARING: PCA-87-2: CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE TO INCLUDE RECREATIONAL VEHICLE STORAGE AS AN UNCLASSIFIED USE (CONTINUED) ~rincipal Planner Lee noted that this item had been continued from the previous meeting to clarify the language describing appropriate items for storage in a recreational vehicle storage yard. The statement "...motor read, homes, camping trailers, boats and the like" has been revised to "...motor homes, camping trailers, boats and items of a similar nature." This would be accompanied by a list of the items being submitted to the Planning Commission by the applicant. The City Attorney has since advised the Department that they would like further clarification and deletion of the term "similar nature" in favor of "other recreational equipment", in order to clearly specify that recreational equipment is being considered. The list would still be retained and any later amendments to the list would be subject to approval of the Planning Director, or of the Planning Commission if the Commission so desires. Planning Commission -8- August 27, 1986 In reply to questioning, the Deputy City Attorney stated that there would be no problem enforcing such a provision. This being the time and the place as advertised, the public hearing was opened. Bill Gretler, ll40 Walnut Avenue, Chula Vista, applicant, stated his availability to answer any questions. In reply to whether or not items other than recreational equipment were stored on the property, he replied that there were not and even the World War II ducks referred to at the last meeting were actually recreational having been stored after the failure of a "harbor excursion" enterprise. No one else wishing to speak, the public hearing was closed. MSUC (Guiles/Carson) to find that the project will have no significant environmental impacts and to adopt the Negative Declaration issued on IS-87-2. MSUC (Guiles/Carson} to recommend that the City Council approve an amendment to the Municipal Code to include recreational vehicle storage as afl unclassified use as shown in Exhibit A with the wording mitigation previously discussed. ELECTION OF OFFICERS: MSC (Green/Tugenberg) to appoint Commissioner Shipe as Chairman and Commissioner Guiles as Vice Chairman for the following year. DIRECTOR'S REPORT: None CO)4MI SSION COMMENTS: Commissioner Tugenberg con~nented that Club Xanadu is displaying a banner advertising card games; and a truck is still parked at the extreme north of the parking lot advertising the bicycle store. Commissioner Krempl said he would have the Zoning Enforcement Officer check this and would report back to the Commission. - Commissioner Carson thanked Bill Cannon for the leadership he had shown as Chairman during the last year. The other Commissioners were in agreement. ADJOURNMENT AT 8:40 to the Regular Business Meeting of September lO, 1986, at 7:00 p.m. in the Council Chambers. Ruth M. Smith, Secretary Planning Commission WPC 3183P