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HomeMy WebLinkAboutPlanning Comm min 1984/03/28 Tape #245: Side 2 0-2688 - MINUTES OF A REGULAR BUSINESS MEETING OF THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 p.m. Council Cha~ers Wednesday, March 28, 1984 Public Services Building ROLL CALL COMMISSIONERS PRESENT: Chairman O'Neill, Commissioners Cannon, Green, Guiles, Johnson, Pressutti and Shipe CO~IMISS IONERS ABSENT: STAFF PRESENT: Director of Planning Krempl, Principal Planner Lee, Senior Civil Engineer Daoust, Assistant City Attorney Gill, Environn~ntal Coordinator Reid, Secretary Ruth Smith PLEDGE OF ALLEGIANCE - SILENT PRAYER The pledge of allegiance to the flag was led by Chairman O'Neill and was followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Shipe/Guiles) to approve the minutes of 2/22/84. Commissioner Johnson abstained because of absence from the meeting. ORAL COMMUNICATION None. 1. PUBLIC HEA~ING: CONDITIONAL USE PERMIT PCC-84-12: REQUEST TO ESTABLISH A TRUCK OPERATIONS CENTER ON THE EAST SIDE OF BRANDYWINE AVENUE NORTH OF OTAY VALLEY ROAD - NORMAN G. WILLIAMS FOR CHULA VISTA SANITARY SERVICE Principal Planner Lee stated that the applicant is requesting permission to establish an operations center on a 2.72 acre site located on the east side of Brandywine Avenue just north of Otay Valley Road in the I-L-P zone. This facility will consist of a 14,330 sq. ft. structure located on the northerly property line and house the company offices and truck maintenance facilities consisting of repair, paint booth, welding and wash area. The truck parking/fueling area will be enclosed on all sides by a lO-foot high solid fence and landscape screen. Access will be provided by two driveways, one at the southerly property line for employees and the other at the south end of the proposed building. -- Planning Commission - 2 - March 28, 1984 Mr. Lee stated the primary access to the site is off the 1-805 freeway along Otay Valley Road, along Brandjavine and into the north driveway; the building has been oriented to the south away from the residential area by 800-900 feet; topography obscures the view of the site from the residences; and requirement of a geotechnical report will indicate any need for mitigation measures including the possible relocation of the storage tank. Environmental Coordinator Doug Reid addressed the noise concerns of the project saying one of the conditions proposed to minimize the noise was to limit the nu~er of trucks warming up simultaneously to five vehicles which the acoustical analysis indicated to be 58 dbA at 500 feet and 54 dbA as 800 feet. The allowable level is 59 dbA. To questions from the Commission, Mr Reid replied that the statistical data was provided the applicant by San Diego Acoustics and was based on the longer idling time rather than the shorter starting-up time of the five trucks; there was no margin of error stated in the acoustical report; the average of 54 dbA includes the peaking limitations of above-allowable and below-average dbA over a period of time; a one-time adjustment is allowable but peaks in excess of that are not; and the octave-band frequency level, within the peaking limitations, will not exceed that allowed by the noise ordinance. When asked if background sound levels were taken at 5:30 in the morning, he replied that the acoustician took noise level readings during later daylight hours and applied a formula known as the "community noise equivalent level". By use of this formula, the a~ient noise level for any other given time of the day could be calculated. The Commission was informed that a comparison between noise level readings of this project and Hyspan were not immediately available but could be obtained; and the 5-vehicle warming-up limitation would be enforced on a complaint basis. Norman Williams, 3404 Bonita Road, Chula Vista, representing Chula Vista Sanitary, reviewed the background of the noise analysis saying that readings were taken at 25-50 feet with loaded and unloaded trucks running at different speeds; all vehicles would be off-site by 6:15 a.m.; fuel islands are designed to fuel parked trucks, eliminating line-ups; the use of one tank gives greater location flexibility; the geotechnical review of the earthquake fault and soils report are in process; paint booth and fuel tank meet APCD standards; all trucks meet emission standards; the wash water will be collected in tanks, particulate matter sorted out, tested before entering sewer system; and the residual waste hauled to the dump the same day. Replying to questions from the Commission, he said the recycling area is in anticipation of mandatory State requirements, will include wood from construction sites and cardboard but no refuse; will not be utilized until mandatory; building will be designed by structural engineer within Code requirements for seismic acceleration; repair work on trucks could range from impact wrenches in changing tires to removing dents from bins {100 dbA) but takes place inside the building; the trucks arrive and depart empty and there has never been a problem of material falling off the trucks. Planning Commission - 3 - March 28, 1984 This being the time and the place as advertised, the public hearing was opened. The following people spoke in opposition to the project. A summation of their remarks follows: Barbara Hall, 1675 Pt. Reyes, Ct., C.V.; Marda Walker, 1541-245 Sonora Drive, C.V.; A. W. Hall, 1675 Pt. Reyes Ct., C.V.; Henry Kohler, 1547-222 Sonora Dr., C.V. (CA Homeowners Council); David E. Foreman, 1653 Pt. Cabrillo Ct., C.V.; Guy C. Lichty II, 1652 Pt. Sal Ct., C.V.; Larry McKenna, 1347 Mt. View Ln. C.V. (Citizens Action Network); Terry L. Sandin, 1661 Pt. Conception Ct., C.V.; Linda Carlin, 625 Pt. Defiance Ct., C.V.; Ronald W. Richardson, 514 Rose, National City; Christine Olguin, 1546-211 Sonora, C.V.; Flora McKenna, 1347 Mt. View Lane, C.V.; Bud Pocklington, 656 Glover Place, C.V.; Mark Basham, 504 Tanbark, C.V. (1) The site forms a natural ampitheatre projecting noise from the 18 to 52 diesel-powered garbage trucks starting-up, idling, using back-up warning signals, and departing the site which will curtail sleep after 5:30 in the morning causing a stress situation in family and business; repair work will create noise adding to existing noise problems from Hyspan; these same objections were made when the SANDER location was under consideration. (2) The acoustical study is not valid as sound testing was not done on site; equipment to properly test noise levels is not available and undermines the credibility of the report; the environmental research was inadequate; there was rubber-stamp approval between the County and the City which resulted in lack of credibility of the environmental report, the staff, the Planning Commission and the City Council. (3) A 15,000-gallon potentially explosive fuel tank located on an earthquake fault is a danger for the community and the estimated 12 schools nearby; the report indicates possible adverse soil conditions (expansive soil) which will be disturbed by heavy truck traffic. (4) Toxic waste material from Omar's Rendering Plant was stored at the northwest corner of the property for over 20 years; leaching of the clay pits has possibily contaminated "all of this area"; the City has disregarded repeated requests for the taking of soil samples; trucks will be carrying paint products, wood preservatives, oils, caustic acids and the like which will go down the sewer when the trucks are washed; the sewer system is inadequate according to staff. (5) Diesel fumes are components of smog and acid rain, contribute to lung cancer, are spewed into the air and carried by the wind into the backyards of the residents. (6) Health aspects in siting such an establishment close to residential area include danger of encephalitis from mosquitoes drawn by standing water; rats, and roaches attracted by garbage; the cumulative effects on the residents; the needs of day-sleepers who work nights. - Planning Commission - 4 - March 28, 19~4 (7) Heavy truck traffic on Otay Valley Road violates noise transportation level projected for this area (1973-1995) in the GPA and creates danger for children in area. (8) Property will be devalued; area selected to live in because of view, peace and quiet, now being destroyed; insult that first proposed project in area is a garbage truck repair facility which is against policy statement made by Mayor; residents want tourist-type land usage not heavy industrial; landscaping will not hide site or trucks; refuse is being transported from Arizona to BKK; this is first step to add similar facilities in area; how can guidelines in staff report be enforced without equipment for testing. Dick Kau, 3404 A Bonita Road, C.V. 92010, spoke in favor of the project saying the whole South Bay had been considered but this land was best for the purpose because it was vacant, away from homes and near the garbage dump. Commissioner Cannon stated he resented the remarks made by Mr. Pocklington regarding the credibility of the Planning Commission which donates considerable time in preparing for the meetings, reviewing the site, and endeavoring to determine the best interests of the City and the citizens. No one else wishing to speak, the public hearing was closed. Commissioner Shipe stated he had a conflict of interest and would be unable to participate further. Commissioner Pressutti remarked that after l0 years on the Planning Commission he could not approve the adoption of the negative declaration as there was, in his opinion, an environmental impact. MSC (Pressutti/Cannon) Shipe abstained, to deny the project as submitted at this time. A recess was called from 8:45 to 8:54. 2. PUBLIC HE~RING: PCZ-84-F - CONSIDERATION TO REZONE 3.75 ACRES OF THE SOUTHWEST CORNER OF TELEGRAPH CANYON ROAD AND MELROSL AVENUE FRO~I R-1 TO R-3-P-14 - ALANDA-BACH Principal Planner Lee noted this item involved a request to rezone 3.75 acres at the southwest corner of Telegraph Canyon Road and Melrose Avenue from R-1 to R-3-P-14 thereby increasing the density. A preliminary plan has been submitted for the development of 48 condominium units located in 8 two-story residential structures and 4 single-story garage structures which are coordinated wi th the topography of the land. Access would be provided by Telegraph Canyon Road and Melrose Avenue. The plan includes the completion of the dead-end streets currently stubbed out thus improving the street circulation system for vehicles and pedestrians. The applicant has endeavored Planning Commission - 5 - March 28, 1984 to interphase his development with the single family dwellings in the area. Opposition cited in a petition signed by 47 neighboring homes includes the increased school burden, parking, traffic and noise. Stan Landess, 2341 Jefferson #200, S.D., of Land Specialists, Inc., said the applicant concurs with staff recommendations with one clarification in B2(e). He asked that this be restated as "a wall subject to the approval of the City Planning and Engineering Departments" rather than "a six-foot high decorative masonry wall." He added that the project has exceeded the City requirements for parking and consideration has been given to retaining the view for the existing homes. Mike Jones, 2470 Union Street, San Francisco, the architect, described the efforts made to integrate the project with the adjacent single family homes through the use of similar roof lines; location of structures at different levels in conjunction with slopes; separation of buildings; utilization of extensive landscaping; and location of the bulk of the density away from the single family units. Speaking in opposition to the project were Richard Brooker, 892 Monterey Court; Gary S. Wetter, 883 Melrose; Donald Weedmark, 882 Melrose; Robert Brady, 871 Melrose; Gordon Fickes, 865 Melrose; J. C. Harvey, 877 Melrose; and Bob Delaire, 897 Maria Way. Their objections included: density increased to an unbearable degree; desire to have property remain R-1 as it was when purchased; developer aware of R-1 zoning at time of purchase; traffic increase; a berm built in front of one house to prevent vehicles crashing into living room; parked cars struck repeatedly; traffic already noisy and dangerous; moritorium of buil ding recommended; schools impacted; increase in crime; property devaluation; parks needed, park fee will not be used in area; children lack play area; headlights shining in living room windows; condos for rent, not sale; not enough single family homes; and ocean view cut off. Don Brinkman, 879 Monserate, CV, spoke in favor of the project saying land will be put to good use instead of used for neighborhood dump for trees and soil; fires on site had forced him to put a fireproof roof on his home; and he does not anticipate a significant traffic increase. No one else wishing to speak, the public hearing was closed. Commissioner Pressutti commented that no matter what was put in would have an impact and what impacts a few often benefits many. MSUC (Pressutti/Guiles) to find this project will have no significant environmental impact and adopt the negative declaration issued on IS-84-20. Commissioner Cannon said the developer appears to have done as much as possible to make the project attractive; he did not agree a condominium devalued property; the traffic problem is caused by the peo~e in the area; an addition of lO-19 people would not impact the schools. Planning Commission - 6 - March 28, 1984 MS (Cannon/Pressutti) that based on the findings in Section F to recommend that Council enact an ordinance to change the zone for 3.75 acres of property located at the southwest corner of Telegraph Canyon Road and Melrose Avenue from R-1 to R-3-P-14 subject to precise plan development standards "a" through "g" in the staff report. Commissioner Green declared he would vote against the item because it involved changing the zone rather than just changing the density. Commissioner Shipe said although he would like to see primarily single family units on the property, he felt the architect had done the best possible job and he would support the recommendation. Principal Planner Lee reminded the Commission that the applicant had requested a modification to condition "e" to specify "a masonry wall" instead of "a six-foot high decorative masonry wall" and that "the design shall be subject to the approval of the Planning Director and City Engineer." Commissioners Cannon and Pressutti said they had no objection to the change. The motion was approved and passed by a vote of 6-1, Commissioner Green voting "no." AMENDMENT TO THE MAIN MOTION: Commissioner Johnson moved that the entrance and exit on Melrose Avenue be discontinued. The motion failed for lack of a second. 3. PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-84-13 REQUEST TO ESTABLISH A USED CAR SALES AND SERVICE OPERATION Al 305 "E" STREET - ANTHONY CHARLTON Principal Planner Lee stated that the applicant is requesting permission to establish a used car sales and service operation at the northwest corner of Third Avenue and "E" Street. The site was a new car dealership until the last few years. It is presently being used for the sale of used cars through a conditional use permit granted by the Zoning Administrator limiting the number of cars to 19 and scheduled to expire in May 1984. A conditional use permit for the auto repair/paint and body shop was issued to the previous owners and has been taken over by the applicant. No time limitation was placed on this permit. Mr. Lee continued that this area interphases with the Redevelopment Area from which other auto uses have been phased out. Staff is recommending the project be approved subject to conditions outlined in the staff report including evaluation of the permit every 3 years to determine the compatibility of the used car operation with the adjacent Third Avenue Redevelopment Area. This being the time and the placed as advertised, the public hearing was opened. March 28, 1984 - Planning Commission - 7 - Anthony Charlton, 305 "E" Street, the applicant, said he had spent approximately $20,000 repairing and refurbishing the facility, was applying for a new car dealership but needed evidence of permanence through a longer permit time to obtain the dealership. The Commission discussed the attitude of the Redevelopment Agency on a new car dealership, the fact that the time period for the permit affects only the used car operation, the renovation work done, and the length of time for ~hich the permit should be granted. MS (Johnson/Shipe) that based on the findings contained in Section "E" of the staff report to approve the request, PCC-84-13, to establish a used car sales and service operation at 305 "E" Street subject to the conditions shown in the staff report with condition "e" changed to extend the duration of the permit to 6 years with evaluation every 6 years thereafter. Commissioner Johnson remarked that the extension could be extended by the Commission if the new car dealership was not obtained in 6 years. Commissioner Cannon stated that since Mr. Charlton's lease is for such a long period, he should be allowed to maintain the used car dealership for the same amount of time since if after the 6-year permit expired he was denied an extension, he would be forced to pay the balance of the unexpired lease time. Commissioner Johnson said he was not prepared to grant 15, 20, or 30 years for any reason. AMENDMENT TO THE MAIN MOTION: MSC (Green/Cannon) - Pressutti and Johnson voted "no", to change condition "e" to indicate 13 years instead of 3 years with the additional condition that if in the opinion of the Zoning Administrator the property deteriorates, the matter will return to the Planning Commission for reconsideration of the permit. Principal Planner Lee asked if there would be a review period at the end of the 13 years. He was informed that the matter would be reviewed and it would be the decision of the Commission at that time as to whether the permit would be extended and for how long. Commissioner Johnson expressed concern over the fact that Mr. Charlton might vacate the lease and the property deteriorate. Mr. Pressutti also expressed concern over the length of time involved particularly as it was unknown if a car agency would still be appropriate for that area. The main motion to approve the project was carried by a vote of 5-2, with Commissioners Johnson and Pressutti voting "no". Planning Commission - 8 - March 28, 1984 DIRECTOR'S REPORT - Planning Director Krempl reminded the Commissioners of the due date on the Confl ict-of-Interest statements. COMMISSION COMMENTS Commissioner Pressutti will be in Japan and absent from the meeting of April ll and possibly for the workshop meeting of April 18. Commissioner Shipe congratulated the Mayor, Council and staff for an outstanding job done on the Bayfront. Commissioner Cannon requested that the minutes reflect the congratulations from the entire Planning Commission. ADJOUR~ENT AT 10:30 p.m. to the Regular Business Meeting of April ll, 1984, at 7:00 p.m. in the Council Cha~ers. Ruth M. Smith, Secretary WPC 0947P