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HomeMy WebLinkAboutPlanning Comm min 1989/09/13 Tape: #303 Side: 2 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 7:00 p.m. Public Services Building Wednesday, September 13, 1989 ROLL CALL COM~IISSIONERS PRESENT: Chairman Tugenberg, Commissioners Cannon, Casillas, Carson, Fuller, Grasser and Shipe CO~MISSIONERS ABSENT: None STAFF PRESENT: Principal Planner Lee, Environmental Coordinator Reid, Associate Planner Griffin, Senior Civil Engineer Daoust, Assistant City Attorney Rudolf and Consultant Lettieri 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. APPROVAL OF MINUTES MSUC (Shipe/Fuller) to approve the l.~inutes of May 24, August 2 and August 9, 1989 with corrections to the August 9 Minutes from "Chairman" Cannon to "Commissioner" Cannon on page 6. ORAL COMMUNICATIONS None 1. CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT EIR-88-1 {Continued) 2. PUBLIC HEARING: (Continued) PCM-89-7 AND PCZ-87-E CONSIDERATION OF A GENERAL PLAN AND PLANNED COMMUNITY PREZONE FOR SUNBOW II LOCATED SOUTH OF TELEGRAPH CANYON ROAD, ADJACENT TO CHULA VISTA MEDICAL CENTER - RANCHO DEL SUR PARTNERSHIP 3. CONSIDERATION OF CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS EIR-88-1 - SUNBOW II (Continued) 4. CONSIDERATION OF MITIGATION MONITORING PROGRAM FOR EIR-88-1 - SUNBOW II (Continued) MINUTES -2- September 13, 1989 Because of delays in the preparation of the Final Environmental Impact Report for Sunbow II project, staff recommended continuation of the public hearing on the General Development Plan and the Pre-Zoning for Sunbow II until the meeting of September 27, 1989. MSUC (Cannon/Grasser) to continue Items 1, 2, 3, 4 and 7 {Sunbow II) to September 27, 1989. 5. PUBLIC HEARING: PCS-89-12 - CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR SUN-UP VISTA, CHULA VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT (CONTINUED) Associate Planner Griffin commented that the item had been continued from the meeting of August 23 in order to provide the Commission with a copy of the Soils Report inadvertently omitted from their packet. Also provided was a supplemental report prepared by the applicant's geologist. The project site is 2.3 acres located to the east of Hilltop Drive. The surrounding zoning is R-1 and single family except for Hilltop Junior High School located to the north. The applicant proposes to subdivide the acreage into six single-family lots fronting on Telegraph Canyon Road and three panhandle lots accessed by an easement and a bridge traversing the unimproved drainage channel. Two issues addressed by conditions include the reduction of the number of panhandle lots from three to two to provide a better interface with the dwellings to the southeast and improve parking and circulation in the panhandle area. Since the proposal also includes wider sideyards, recommendations have been added that the sideyards measure at least 15 feet. Several issues that were raised but never addressed because of the continuation include: 1. The report on soils stability found the soils to be suitable subject to standard grading and some special provisions to be included in the grading plan. An offer to establish some bench mark data for the adjacent property in the event subsequent damage should occur has been made by the applicant. 2. The possibility of a spring in the area of the drainage channel was not found in the original soils report. An additional survey done in connection with the supplemental report also revealed no evidence of one in the vicinity. 3. The Fire Marshal reported that spark arrestors minimize fire hazards from chimneys in the area and that the present dry brush presented a greater hazard than chimneys. 4. Treatment of the drainage swale at the rear of lots 2 and 3 is covered by Condition 'h.' The maintenance of the tributary channel could be handled with that of the main channel. Staff has included an exhibit of the flood elevations in the area to address any concerns regarding downstream flooding. MINUTES -3- September 13, 1989 Mr. Griffin concluded with the statement that staff recommends approval of the tentative map subject to the conditions in the staff report. Commission Shipe inquired about the planting of fire-resistant vegetation at the bottom of the panhandle area and was informed that such could be made a condition of the map if desired. Principal Planner Lee noted that such recommendations usually are suggested by the Fire Marshal if considered necessary and depend on the size of the canyon. Associate Planner Griffin explained that the number of dwellings in the panhandle lots had been reduced to allow more sensitive grading on the slopes and to facilitate guest parking and circulation in the area. Commissioner Tugenberg said he would abstain from voting because he had been absent at the meeting of August 23 and had not been able to review the tape. MSUC (Cannon/Casillasl 6-0-1, Commissioner Tugenberg abstaining, that based on the Initial Study and comments on the Initial Study and Negative Declaration, to find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-89-74. MSUC (Cannon/Casillas) 5-1-1, Commission Tugenberg abstaining and Commissioner Carson no, that based on the findings contained in Section 'E of the staff report, to recommend that the City Council approve the tentative subdivision map for Sun-Up Vista, Chula Vista Tract 89-12, subject to conditions a' through 'g'. Commissioner Cannon spoke in favor of the reduction in the number of dwellings in the panhandle lot and expressed satisfaction with the soils report and the conclusions in that report as well as with the supplemental report. Commissioner Carson said she voted against the item because of the small size of the lots. 6. PUBLIC HEARING: PCS-89-5 - CONSIDERATION OF TENTATIVE SUBDIVISION MAP AND DESIGN GUIDELINES FOR RANCHO DEL REY SPA II, CHULA VISTA TRACT 89-5 - RANCHO DEL REY PARTNERSHIP Consultant Lettieri stated that the Commission had approved the Rancho del Rey SPA II General Development recently. The proposed area comprises 567 dwelling units on 376 acres. Using the overhead project, Mr. Lettieri noted the location of the 211 estate lots north of Rancho del Rey Parkway and 356 conventional lots on the south side. Also included is a 5-acre neighborhood park, 168 acres of open space and a 6-acre community facility site which is proposed for use as a day care facility or church site. There are approximately 125 lots under 7,000 square feet in the conventional lot area. He noted one correction to the staff report (page ll). The average lot size for the R-2c should be 6,700 square feet. The reduction was occasioned by a change in the circulation system design. The pad size is unchanged. MINUTES -4- September 13, 1989 Changes in the staff report regarding the estate lots are as follows: R-la, a reduction in the lot size from 14,400 square feet to 13,400 was caused by the widening of Ridgeback Road connecting to Rancho del Rey Parkway, R-Ic, a reduction in the lot size from 14,400 square feet to 13,900 because of a reduction in the amount of grading needed and a slight shifting south of the subdivision. These changes result in an increase in the amount of open space from 168 acres to 169.5. Mr. Lettieri pointed out three conditions of approval: Condition 43 (page 5) wherein the applicant agrees to be in compliance with the most current Transportation Phasing Plan. An update to the Phasing Plan is expected soon and staff wished to be certain that no misconceptions existed. Condition 6 (page 6) When SPA II was approved, it was stated that a condition regarding low and moderate income housing would be imposed subject to approval of the City's Housing Coordinator. Condition 14 (page 7) makes reference to compliance with conditions imposed by the Growth Management Element. Regarding the Rancho del Rey SPA II Guidelines, a revised set was furnished the Commission for transmittal to the City Council. The basic difference between the original and revised set is the focus on the drought tolerant plants in SPA II. In reply to Commissioner Casillas' inquiry about the possibility of change in the percentage of low and moderate income housing, Mr. Lettieri explained that the l0 percent figure is recommended to provide some flexibility at this midway point in the specific plan. The focus is not on this subdivision map in particular but in the overall community plan. The condition of 10 percent does not pertain only to the entire Rancho del Rey Specific Plan and includes all SPAs. This being the time and the place as advertised, the public hearing was opened. Craig Fukuyama, 2727 Hoover Avenue, National City, representing Rancho del Rey, stated concurrence with and acceptance of the conditions of approval. No one else wish to speak, the public hearing was closed. MSUC (Cannon/Carson) 7-0, to recommend approval by the City Council of the Rancho del Rey SPA II Design Guidelines. MSUC (Cannon/Carson) 7-0, that based upon the findings contained in the staff report, to recommend that the City Council approve the subdivision map for Rancho del Rey SPA II subject to the conditions contained in the staff report. Commission Cannon remarked that this SPA Plan contained larger lots and fits into his conception of what a development scheme should be. MINUTES -5- September 13, 1989 Commission Grasser said it was still her opinion that the lot size in area 2a should be larger but she would support the project. 7. PUBLIC HEARING: DRAFT ENVIRONMENTAL IMPACT REPORT EIR-89-9 GENERAL DEVELOPMENT PLAN FOR EASTLAKE III/OLYMPIC TRAINING CENTER This item was continued to the meeting of September 27, 1989. 8. PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-90-04 REQUEST TO ESTABLISH A MOTORCYCLE SALES AND SERVICE FACILITY AT 345 "E" STREET - THOMAS A. HORNING Commissioner Fuller said she had a potential conflict of interest and left the dais and the Chambers at 7:31 p.m. Associate Planner Griffin noted that the project site is a former furniture store at the northeast corner of "E" Street and Garrett Avenue. The parking and loading area is located directly to the north and is zoned R-3. The motorcycle facility would utilize the rear portion of the site with 4,500 square feet remaining at the front of the building for separate commercial use. The use is also located within the Downtown Parking District which provides on- and off-street public parking. The applicant has submitted survey information from his present location on Main Street to support his contention of sufficient on-site parking to serve the use. A noise study was included in the packet. Environmental noise involves shop operations under control of the applicant and is considered to be less than the City's noise standard when garage doors are closed or open. Nuisance noise, which is not considered to be under control of the applicant, is noise caused by motorcycles in and around the parking lots as well as the possibility of test runs in the neighborhood and is considered an item of concern. It is feared that this noise would present a continuing problem, not only for the residents abutting the parking area but also those residents to the north who are along an easy exit route from the site which would avoid "E" Street, a non-signalized intersection. For that reason, staff feels that the findings for necessary and desirable and a lack of an adverse impact cannot be me made. Mr. Griffin noted that one letter of support and one letter of opposition were distributed to the Commission prior to the meeting. A phone call was also received today from a Mr. Ben Townes, 2320 Fifth Avenue, Ste 306, San Diego, stating that he owns the property at 370-371 "E" Street and wishes to go on record that he does not oppose the motorcycle shop going in at 345 "E" Street; that a couple of his tenants might have written in opposition, however, he is the owner of their rentals and thus the issue does not concern them. Commissioner Casillas asked for confirmation that this was a dealership concerned only with new motorcycle and asked how many would be on the premises at one time. At the request of staff, the applicant provided the information that there might be 16 motorcycles on the floor, 8-10 being worked on, and customers present might have 6-8. MINUTES -6- September 13~ 1989 Commissioner Cannon asked if there were any statistics to back up the belief that nuisance noise might occur in view of the fact that the request for denial seems to be based on that probability. Mr. Griffin replied that no statistics were available on this issue. Commissioner Cannon then asked about the possibility of adding a condition that if complaints of any significance were received from the neighbors, the issue would be reviewed by the Zoning Administrator or the Commission with the possibility of revocation of the permit. Mr. Griffin pointed out the difficulty and expense involved in closing a business for something that could have been reasonably anticipated before expenditures had been made. Also, noise that occurs on the street is exempt from City Noise Standards and must be addressed by other means. Therefore, the complaints would be limited to the revving of engines or other noise occurring in the parking lot. In response to Commissioner Tugenberg's inquiry about similar noise violations connected with a motorcycle distributorship on Broadway, Principal Planner Lee said the main concern was noise that might be created for the residents of Garrett Avenue which provides direct access to the rear of the site. Also, staff has had some zoning violation issues with the applicant which cause concern regarding placing any conditions on the property and waiting for violations to occur prior to correcting the matter. Commissioner Carson said that a safety factor was also involved in that the site was not one where such a use might be expected and there was the possibility of someone being hurt when a motorcycle was revved up. This being the time and the place as advertised, the public hearing was opened. John B. Howard, 2705 Teresita St., San Diego, CA 92104, said he worked for the Pacific Commerce Bank; had owned a motorcycle for 2 years; that Harley Davidson owners were not of the "Hell's Angels" type but very much in the mainstream of society. Tom Horning, 448 Del Mar Court, CV 92010, the applicant, said he had been in business in Chula Vista for over 30 years. He referenced an article in this month's Fortune Magazine regarding Harley Davidson owners and dealers. They are not the type of people who go around causing trouble. The bikes range from $5,000 to $15,000 and are treated with care and respect. Mr. Horning said that much concern had been expressed about test runs. These are done exclusively by his employees who will lose their jobs if they do test runs that are out of line. He said as a matter of public record that if any neighbor has a problem with any of his employees, to bring the matter to his attention and the problem will be solved even if it means firing the employee. Mr. Horning pointed out that considerable money had been expended to ensure that all motorcycle activities, sales or repair, would be kept inside the facility. The only motorcycles visible outside would be those of the customers shopping MINUTES -7- September 13, 1989 within. During demonstration rides, the customer is accompanied by an employee and follows a fixed and specific route. No motorcycle other than Harley Davidson is sold. He continued that there are noise laws enforceable by the Police for noisy vehicles. Many Police Officers own and use Harley Davidson's. His firm is a contract vendor for the City of San Diego and maintains their Harley Davidson Police motorcycles. Mr. Horning concluded saying that his customers include lawyers, bankers, Police Officers, doctors, professionals and blue-collar workers. The trip record, according to their survey, amounts to four to ten arrivals and departures per hour. Over half of those are in cars so there will not be heavy traffic. He maintained that his facility is not out of place. The area being occupied is auto-related and is next door to where Helms Brothers' Buick Agency was situated for 30 years or so. Mr. Horning referenced his "zoning violations" saying they had to do with some "blinking lights" to outline the building he owns on Broadway and the contention by the City that they constitute signage. At the request of Commissioner Carson, Hr. Horning outlined the ro~ taken by customers during a demonstration ride as proceeding to Street, turn west on "E" to Fourth Avenue, then north to "C", return on "C" to Third, proceed up the hill to "E", and return to the parking lot. This is also a reasonable ride to test customer's motorcycles. His hours will be 9:00-6:00 on Tuesday through Saturday for the full motorcycle dealership, and 10:00-4:00 on Sunday to sell novelties and apparel. There are no repair facilities open at that time. Kenneth V. Ordway, 4159 Tenth Ave., San Diego, 92103, said he has been a Harley Davidson owner for 30 years. He has just spent $13,000 on a machine. There is a motorcycle agency closer to where he lives, but because of Mr. Horning's reputation, he drives to Chula Vista for maintenance. He spoke very highly of Mr. Horning and his firm saying the relocation would benefit the community. Mr. Ordway noted that his motorcycle is in conformance with EPA Standards and cannot be altered. Jim Brown, 8605 Pagoda Way, San Diego, 92126, said he was retired after serving 33 years in the Navy and Marine Corps, is a lO-year homeowner, and has ridden motorcycles for 45 years. He patronizes Mr. Horning's facility at least once a week and his arrival and departure would not offend anyone even though it is inherent in the structure of the motorcycle engine that it is noisier than that of a car. Wendy Perry, 2412 S. Barcelona St., Spring Valley, CA, a 13-year home owner, a corporate officer at Tyco Title Insurance Company in San Diego, owns and rides a Harley Davidson Motorcycle. Ms. Perry said it was important to that this facility would be a dealership and not a shop and would be involved with new and expensive products in which the owners take pride. MINUTES -8- September 13, 1989 Bart Perry, 2412 S. Barcelona St., Spring Valley, CA, said he was a Parts Director for Pacific Honda, in Kearney Mesa, and had been in the auto industry for 17 years. He also drives a Harley Davidson. Pacific Honda is located next door to one of the largest motorcycle dealerships on the West Coast handling many brands of motorcycles. Except for the fact that their motorcycles are rolled out for display on the sidewalk, one could not tell it was a motorcycle facility. Mr. Perry commented that the proposed facility would be a high-quality establishment dealing with a high-status item, the Harley Davidson. He contended that it was highly unlikely that any pedestrian would be subject to injury by test drivers. Regarding noise, Hr. Perry said that the "boom-boxes" and truck radios were far more irritating. In response to Mr. Tugenberg's question, Hr. Perry said that some customized Harley Davidsons in the LA area cost about $25,000. Mike Turchen, "F" Street, CV, 92011, said he has been located adjacent to Mr. Horning's establishment on Main Street for the past 3 years. He said there has been no trouble with people, parking or noise during that time and recommended Mr. Horning as a good neighbor. Chuck Schiele, 10789 Fuerte Dr., La Mesa, said he had been using Mr. Horning's dealership for the last year because the other three dealerships in San Diego County had failed to meet his exacting standards. He noted with regard to Commissioner Shipe's previous inquiry, that the 16 bikes referenced to be on the floor would, typically, be decommissioned with batteries not installed or connected until service or sales. The six in the shop would not all be operational, as they would be in a state of mechanical maintenance procedure. Those that are arriving would take place over the course of an hour. Very few bikes, therefore, would be running at any one time. Mr. Schiele outlined his background in mechanics from his training in automobile mechanics, the fact that he has been a pilot for American Airlines for the last 22 years, is a graduate Electronic Engineer, and is strongly attracted to things mechanical. He has been a motorcycle rider for over 30 years. He chose Mr. Horning's shop because of the professional quality of his sales people, his service department and two mechanics in particular. In all the times he has visited the establishment, there has never been a problem with service nor with noise. He indicated that Mr. Homing sponsors a group called the Harley Davidson Owners Group which features (among other things) safety classes. Hr. Schiele emphasized that the owners of Harley Davidsons are responsible people. Commissioner Casillas asked if it would be possible for the applicant to direct customers to turn south to the "E" Street intersection to avoid noise impact on the residences to the north? Mr. Griffin replied that direction could be incorpoated into signage. No one else wishing to speak, the public hearing was closed. MINUTES -9- September 13, 1989 Commissioner Shipe said he would vote against denial of the request. He is quite impressed by the type of people who own Harley Davidsons and believes that the noise is not serious. Commissioner Cannon said he would vote in favor of the project. He noted that the facility had been vacant for at least 7 years, and presents an eye-sore that might deter others from moving into the area. Commissioner Carson said that based on the reported directions given by Mr. Horning for test rides, she was opposed to any type of signage being imposed as a condition. MSUC (Cannon/Grasser) Fuller out, 6-0, that based on the Initial Study and comments on the Initial Study and Negative Declaration, to find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-90-O1. MSUC (Cannon/Grasser) Fuller out, 6-0, to approve PCC-90-04 based on the fact that this particular activity is necessary and desirable to remedy a blight that already exists on "E" Street; namely, a vacancy in a large, retail center which could cause other retail people to feel that the City of Chula Vista is not a viable economic center. Secondarily, that the usage is necessary and desirable as a usage that is not available in the downtown area currently. Further, to make a finding that there is no adverse impact, environmentally or otherwise, with regard to this use. The motion to approve is based on these findings. Principal Planner Lee asked if the Commission wished to include any sort of condition relating to any complaints being filed to cause this item to return for consideration by the Commission for revocation. Commissioner Cannon said he would be happy to amend his motion to include such a condition. Commissioner Grasser said she would second. Assistant City Attorney Rudolf asked for clarification if it was the maker's intent that final action be taken tonight and that all findings required by the ordinance are made. Commissioner Cannon said it would be his intent to cover all the findings required by 19.40.080. DIRECTOR'S REPORT Principal Planner Lee stated that dinner workshop would be held at 5:00 p.m. on September 20, 1989. COMMISSION CO~MENTS Commissioner Casillas suggested that dinner at the Butcher Shop be considered. MINUTES -10- September 13, 1989 Commissioner Carson asked for someone to look into the situation at Dave's Automotive, Third and I Street, saying that the same 16+ cars are always present. Commissioner Tugenberg requested that the Traffic Engineer look into the traffic situation at Otay Lakes Road and East "H" Street and also at East "H" Street into the Southwest College lot. ADJOURNMENT AT 8:20 p.m. to the Dinner Workshop Meeting of September 20, 1989, at 5:00 p.m. in Conference Rooms 2 & 3. ~uth M. Smith, Sec~e~cary L~ Planning Commission WPC 6809P