HomeMy WebLinkAboutPlanning Comm min 1987/11/04 Tape No.: 284
Side: 2
MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m. Council Chambers
Wednesday, November 4, 1987 Public Services Building
ROLL CALL
COMMISSIONERS PRESENT: Chairman Carson, Commissioners Cannon, Casillas,
Fuller, Grasser, Shipe and Tugenberg
COMMISSIONERS ABSENT: None
STAFF PRESENT: Director of Planning Krempl, Principal Planner
Lee, Deputy City Attorney Moore, Principal
Planner Pass, Environmental Review Coordinator
Reid, Deputy Director of Public Works/City
Engineer Garibay, Contract Senior Planner Heiter,
Assistant Planner Herrera, Planning Tech II
Batchelder
PLEDGE OF ALLEGIANCE - SILENT PRAYER
The pledge of allegiance to the flag was led by Chairman Carson and was
followed by a moment of silent prayer.
INTRODUCTORY RE~b~RKS
Chairman Carson reviewed the composition of the Planning Commission, its
responsibilities and the format of the meeting.
ORAL COMMUNICATIONS
None.
1. REPORT: PROPOSED OPEN SPACE DISTRICT NO. 17 (BEL AIR RIDGE)
Deputy Director of Public Works/City Engineer Garibay stated that the
tentative map for Chula Vista Tract 87-7, Bel Air Ridge Subdivision, had been
approved in June, 1987. The project is located on the north side of East "J"
Street, just west of Paseo Ladera and consists of 46 single-family residential
lots and one open space (Lot A). Lot "A" consists of a slope 90 feet high
containing a 48-inch storm drain collecting into Rice Canyon. It was
concluded by staff and agreed to by the applicant that the project should
consist of a single open space by itself and future projects in Rancho del Sur
would be annexed to that open space. A district is being formed that
MINUTES - 2 - November 4, 1987
maintains not only open space but also the drainage facility. The estimated
cost for the open space is $2,800 or $60.87/lot/year. The developer is
placing a $2,000 reserve for the drainage facility and there will be an
assessment per $20/dwelling unit/year. The developer has agreed to maintain
the off-site slopes in proximity to Lot A for a period of 7 years.
MSUC (Cannon/Shipe) to recommend formation of the proposed open space district
by the City Council.
2. PUBLIC HEARING: PCM-88-10 - MONTGOMERY SPECIFIC PLAN, PARTS ONE AND
TWO (CONTINUED)
Principal Planner Pass stated that a synoptic review of the Montgomery
Specific Plan including the structure and its proposals had been given at the
meeting of October 28, 1987 and that staff was available to answer any
questions.
Commissioner Cannon said he had listened to the tape of the hearing, had read
the material involved and asked if tonight's hearing was an open public
hearing or solely on the items for which information had been requested. Upon
being informed it was for the entire hearing, Commissioner Cannon notified the
Commission and staff that the next time an item was continued in this manner
he wished it noted that he would not listen to the same testimony twice and
that he hoped tonight's testimony would not be repetitive of the previously
made comments.
Commissioner Tugenberg said that he had listened to the tape and read all the
pertinent information also. He asked if there were recycling firms in
addition to those listed in the report and about their future.
Principal Planner Pass replied that if the economy continues well after
adoption of the Montgomery Plan, some of the firms might be gone within the
next 3 years. With the establishment of a redevelopment area similar to that
in the Otay Valley Road Area, there would be the ability to "marshall" lands
and to put in new uses under a negotiated plan. This information is based on
the City's experience in the Otay Valley Road Area where several recycling
facilities have been disestablished by market demand for higher economic uses.
Planner Pass agreed with the Commission's recognition of the positive function
served by the recycling yards but indicated the situation encountered in the
Montgomery Areas was one where, "When the Region needed solid-waste facilities
and dump sites, they were installed in the south part of Chula Vista and
Montgomery. When the Region needed hazardous waste sites, they have been
placed only within Chula Vista and Montgomery. As the Region needed recycling
facilities, they have~ been placed in Chula Vista and Montgomery. As
the community has needed animal shelters and disposal places, Chula Vista has
taken the burden." The approach reflected within the text of the Montgomery
Specific Plan for these locally unwanted but necessary regional uses is for
the several cities and the County to distribute the uses instead of
centralizing them in one City or urban center. Chula Vista, under this
proposal, will assume some of these uses, but will no longer be "the capital
of all the waste trades within the region."
MINUTES - 3 - November 4, 1987
Commissioner Casilla$ thanked staff for their answers to the queries raised at
the October 2~ meeting but admitted to some confusion over the statement on
page 5 that the current density of Broderick's Acres (14.5 du/ac) would create
an adverse economic impact on the community causing increased crowding, poor
traffic circulation, greater on-street parking and a random mix of
structures. He inquired if it was not the function of the Planning Department
to consider such factors and recommend amelioration or mitigation measures to
reduce the adverse economic impacts at the time of permit application.
Principal Pass replied that (1) to produce good planning at the current
planning level where the policies and regulations have authorized what is not
sound planning in the long term, is not really practical; (2) 12 to 15
dwelling units per acre generate approximately 150 traffic movements per day
per element and result in congestion plus lowered environmental quality; (3)
the tolerances of good planning become less as density increases because any
mistake becomes magnified. In a low-density area (such as Sweetwater),
mistakes can be handled by subsequent actions; however, in high-density areas,
many mistakes are irreparable without redevelopment. In Broderick's Otay
Acres with the narrow streets, few cross-streets and a basic pattern of
low-density throughout, the incursion of high-residential density is handled
more appropriately at the policy and advance planning levels than the current
planning level.
Commissioner Tugenberg called staff's attention to references to Exhibit C
(which is now non-existent) on pages 4 and 5 of Part II of the Montgomery
Specific Plan.
Deputy City Attorney Moore replied to questions as follows: (1) The City is
not liable for any change in zoning as no guarantee is given that a particular
zoning will exist for any specified number of years. (2) If the uses on Main
Street not having a major use permit or conditional use permit time limitation
were later to be found as legal non-conforming uses, they would remain;
however, the City also has the power to enforce abatement within a reasonable
period of time if desired.
This being the time and the place as advertised, the public hearing was opened.
The Chair directed that testimony be limited to 5 minutes; personalities be
left out of the testimony; and testimony not be repetitive of other speakers
or of information given at the previous hearing.
Don Rose, 101 Ash Street, San Diego 92011, representing San Diego Gas and
Electric, commented that information requested by the Commission about
potential revenue from the fee-owned right-of-way through the Montgomery
Planning District had been provided in the Commissioners' packets and
indicated his willingness to answer any other questions by the Commission.
Susan Lay, Planning Manager at Sefino, Bucher and Armandey, 3615 Kearny Villa
Road, stated that she represented Castle Park Enterprises, owners of +30 acres
located at the southeast corner of Drange and Third Avenues. The site is
MINUTES - 4 - November 4, 1957
occupied by the Palms Mobile Estates, with the Third Avenue frontage of + 8
acres vacant and zoned for commercial use. The client's concerns include~l)
loss of approximately 3/4 of the commercial zoning on land which had been
zoned commercial in the County, designated commercial on the General Plan,
carries a tax assessment for commercial use ano carried a commercial price tag
when purchased earlier this year; (2) lack of individual noticing sent to
owners of specific parcels proposed for land-use change in the Plan, and that
no individual noticing is planned until the actual proposed rezoning
consideration, which would be too late for a protest of the land-use change;
(3) loss from down-zoning of a significantly-sized commercial parcel at the
intersection of two major roads thereby eliminating a comprehensively planned
commercial development which could significantly improve the area. Ms. Lay
requested reconsideration for the residential recommendation contained in the
Montgomery Specific Plan and indicated the presence of the owners and their
willingness to answer questions.
George Don Lindberg, 4201 Bonita Road, Bonita 92002, representing opponents of
the Montgomery Specific Plan, indicated that persons who appeared before the
Commission at the November 4 meeting do not believe they have had sufficient
time to review and analyze the report under consideration. The proposed
change is exceedingly important and sufficient time (30 days) spent in
analysis may resolve many issues. He stated the specific area of concern was
Broderick's Otay Acres, additional issues raised by the previous speaker and
general questions regarding elimination of certain industrial uses.
The Commission indicated concern over further continuance of the public
hearing.
The Chair stated that an additional opposition petition with 28 names had been
presented to the Chair at the beginning of the meeting. The petition was
passed to the other members of the Commission.
Bill H. Harter, Jr., ll04 Helix, CV 92011, representing himself as owner of
lots 234, 236, 246 and 248 and as representative of the 400 persons who signed
the petitions, said it was his understanding that if a petition for
continuance were to be submitted by a certain time, it would be on the
agenda. He asked that the issue of continuance be considered prior to that of
the Montgomery Specific Plan.
Director Krempl asserted that the issue of continuance was at the discretion
of the Commission along with either approval or denial in the course of
considering the Specific Plan. Discussion ensued about the previous closure
of the public hearing, readvertisement upon advice of the Attorney, and the
fact that the entire item is before the Commission in the form of a public
hearing. Commissioner Cannon commented that unless there was a motion in
favor of continuance, the public hearing should continue.
Mr. Harter referenced the 4DO petition-signatures expressing concern about the
Specific Plan and pointed out that over 136 signatures had been received from
the 181 parcels comprising Broderick's Otay Acres. He reviewed
MINUTES - 5 - November 4, 1987
claimed-discrepancies between figures contained in Tables 2 and 3 (pages ll
and 12) of Part I of the Specific Plan and those developed by the opposition
using staff's original work drawings and then walking the area actually
counting the residences.
Staff's Mr. Harter's
Figures Figures
Land Use - % %
Single-family 66 42.8
Two-family 2 12
Multi-family 0 7.3
Mobile Homes 0 1
Vacant 31 6
Industrial In agreement
He asserted that staff's assessor maps containing more than one house on a
parcel of land had not been counted as two- or three-family, but the map had
been adjusted with broken lines to divide the lots which had then been counted
as one house per lot. Upon his request for a speaking-extension, the
following persons relinquished their speaking times to Mr. Harter: Rose
Duncan, 28-286 Date Street, CV 92011; Gladys Thompson, 806, 802, 808 and 804
Dorothy Street; Judy DeLong, 321 Date Ave, 92011; and John M. Halbert, 237
Palm Ave., 92011-6223.
Mr. Harter expressed concern over the public hearing notification process
claiming that residents of Broderick's Otay Acres had not been informed the
rezoning issue was being considered. The Montgomery Planning Committee
Chairperson had, at the November 2, 1987 meeting, indicated there would be a
series of public hearings but, to date, only a workshop had been held. He
asserted it was difficult to obtain notification regarding public hearings or
to obtain reports in advance of meetings and requested the Chair direct staff
to notify by direct mail all persons registered to speak on the issue of the
Montgomery Specific Plan for all future meetings. He noted that the answers
to Commissioner Casillas' questions at the previous meeting had not been made
available.
In response to the Chair's inquiry, Director Krempl said it had been indicated
to the Council that all persons named in the petitions would be notified of
the Council hearing. With respect to representations made by the Chair at the
November 2 meeting, it was his opinion that the referral was to future public
hearings by the Planning Commission and the City Council not the Montgomery
Planning Committee since the Committee had taken an affirmative action at that
public hearing.
MINUTES - 6 - November 4, 1987
Commissioner Fuller referred to the annexation election and the formation of
the Montgomery Planning Committee and asked if Mr. Harter was not aware of the
intent to formulate a plan for the development of Montgomery and that monthly
meetings were held on that subject as part of the charge handed down to them
at the time of annexation. Mr. Harter said he was not aware the Montgomery
Planning Committee was meeting on that subject.
Ron Withall, 1431 Stratford Court, Del Mar, 92014, representing Beaty
Development Inc., Broadway Equities, said t~e was present at the last meeting
and wanted to learn more about the special study area as his firm has an RV
parking facility which it is leasing from SDG&E in one such area off Palomar.
Juan Llamas, 210 Date, CV 92~11, said he was the owner of property at 3925
Main Street and objected to the change because his property was purchased for
commercial use and his financial investment would be lessened by the proposed
downzoning. He has operated a wrought-iron shop in Montgomery for 14 years
and is a 2B-year resident of the area. His mother also owns an acre and the
downzoning of the property would affect her sale value. He noted that it was
his understanding that the proposed zoning at Date and Main would be R-1.
Francisco Llamas, 211 Date St, 92011, said he agreed with his brother and that
he was a life-long resident also. He resented the fact that non-residents
could change the zoning of the area so that the long-time residents could not
realize life-long ambitions. In response to a query by the Chair if anyone in
the area had attended one of the Committee meetings during the last 18 months,
Mr. Llamas replie~ that the majority of the residents on Date Street were not
aware of what was happening.
In reply to Commissioner Cannon, Principal Planner Pass explained that RV-15
is Residential-Variable in the County and means a net density designation of
15 du/acre; that R-1 would allow 5 du/acre. Prior to the middle of 1985, the
Llamas property had been zoned RS-7 which was single-family dwelling (the same
as proposed) and that commercial zoning was first granted toward the end of
1985. Mr. Pass stressed that the issue is not a zoning proposal since work
has not progressed to Part III (the regulatory suggestion proposal). The
Department has never discussed R-1 for this area because the varied parcel
sizes would require a low-to-medium density; namely, 3-5 du/gross acre which
would result in 6-7 du/net acre.
In reply to Commissioner Grasser's questions regarding notification of
property owners and residents in the area, Planner Pass replied that the
public hearings were advertised as required by Law in the Star News. Press
releases had been given to the Star News also and notices had been posted in
the recreation and civic centers within the r,iontgomery Community. With
respect to Broderick s Acres, bilingual leaflets had been distributed and the
area broadly covered. The Montgomery Planning Committee, the actual
preparatory body of the Plan, has been studying 18 months and the Chair had at
each meeting welcomed people and urged that they participate in the study.
Many of those contending lack of notice are persons who attended and/or
participated in several of the meetings in addition to having been in the
MINUTES - 7 - November 4, 1987
Planning Department on numerous occasions. Staff has endeavored both
staffwise and Committeewise to give special notice. There are 27,000 people
in the area and personal notice would entail an enormous expenditure. Before
any property is rezoned, however, the Municipal Code demands that personal
notice be given.
Raymond Ruiz, 395 "H" Street, 92010, said he represented Mr. and Mrs. Frank
Vasquez of 1005 Chula Place who had been out of the area at the time Mr.
Kellogg was gathering signatures, and who wished it to be noted in the record
that they are in favor of the petition's request to have the 3900 and 4000
block of Main Street changed to Light-Industrial or Commercial. They are
concerned how the tax liability would be affected on their two acres if the
property were down-zoned and if any recompense would be available. Planner
Pass indicated that the land was on the north side of Main Street within the
Woodlawn Park Area, not in Broderick's Otay Acres and it would be a request
for a rezoning and a redesignation on the General Plan since it is medium-low
density now under the General Plan and zoned RS-6.
Phil Scheuer, 1319 Costa Avenue, 92011, requested that he be notified formally
of all future meetings regarding this item. He said the prevalent confusion
was created by improper notification as indicated by the signatures of over
400 persons. He declared the reason for the continuance request was because
of the information requested by Commissioner Casillas which had been made
available in only the last day or so. Mr. Scheuer claimed that there had to
be more input from community members in Broderick's and Fairfield than that
referenced on page 4, Section C, and that a survey of the Woodlawn Area would
present the same type of economic impact. He contended that there had not
been enough community input; the Star News' circulation within Chula Vista is
less than 12,000 out of a community of 130,000. He contended that people had
not been noticed; persons with whom he had spoken in Broderick's Acres,
Fairfield and Woodlawn Areas had not received any flyers, and because of the
magnitude of the Specific Plan the extension should be granted as the only way
to resolve the confusion evinced by the testimony given. In reply to why
there are few multiple-residences in the Broderick's Area even though it is
zoned multiple-use, Mr. Scheuer replied that (1) it had taken many years under
County structure to develop the RV-I§ and (2) personal reasons of the property
owners.
Nancy Palmer, 971 Fourth Ave., ~42, 92011, introduced herself as the Chair of
the Montgomery Planning Committee and said that it was mid-1985 (with
annexation on the horizon) that zoning in the area was raised to RV-15; and
the County RV-15 zoning stood unchallenged only a matter of months. She noted
that there had been 18 months of open public meetings on the draft Specific
Plan; 12 months of which had involved two meetings per month. She said it was
difficult to sustain allegations that the document had not been properly
reviewed since members of the public claiming not to have known about or not
to have been informed about the document had actually been present at the
workshops, meetings and at the public hearing. She asserted that the
time-line between the present hearing on the Montgomery Specific Plan and that
of the Council would provide ample preparation time. In reply to a question
MINUTES - 8 - November 4, 1987
from the Commission re (1) the Committee's rationale in the down-zoning of
Broderick's Otay Acres, she noted that the area was being returned to its
former state based on the most consistent request heard a~ town-hall
meetings held in both Woodlawn Park and at Otay: namely, to keep the community
as uncluttered as possible. In her personal opinion the rezone which took
place so close to the annexation process appeared to be the action of
speculators. (2) The notification was adequate and, in her opinion, the
present charge of inadequate notification was used because it was the easiest
reason for not coming forward sooner, in response to a query from
Commissioner Casillas if there had been any large movements of property and
ownership to support her personal conclusion of speculation, Ms. Palmer said
it would be a natural reaction to maximize profit on property in County
jurisdiction which appeared to be moving under the more watchful jurisdiction
of the City. Commissioner Casillas remarked that such a statement seemed to
insinuate that the "great American dream" was a sin and although her opinion
was personal, he believed it affected her "push" for a change of zoning within
the Specific Vlan.
Ms. Donja Blokker, 352 Palm Ave, 92011, said she favored the Montgomery
Specific Plan because of the reinstatement of the zoning which allowed that
area to remain as it grew and developed. She submitted as a win-win solution
for people wishing develop and those wanting to retain a single-family
designation, tile need for park space in Montgomery and the possibility of
land-sale to create small mini-parks in the area.
Ben Patton, 1444 Hermosa, pointed out that his election platform for the
Montgomery Planning Committee had been based on the assumption that there was
too much spot zoning in Montgomery and too much density and that because of
the expressed gratitude this platform had received he had endeavored to reduce
density, make the area single-family and to obtain parks.
Fred Creveling, 500 Oxford, also a member of the Planning Committee, said the
allegation that people were not aware of the intent of the Committee is
erroneous in that the Planning Committee was elected not appointed which meant
all participants, winners or losers, went out--poke on a one-to-one basis
with hundreds of people.
Rose Duncan, 28D-286 Date Street, residence 809 Dorothy Street, contended that
people approached in Fairfield in a door-to-door campaign for signatures did
not have any idea of what was going on. She personally had never received a
notice, did not read the paper, and learned about the Specific Plan when she
saw others gathering signatures. She had needed help reading and assimilating
the information and most of her neighbors are Spanish some of whom are unable
to read English. She had bought her property in 1971, and the County had
requested the zone change, not speculators. She had not developed her
property previously because of information regarding the possibility of the
land being zoned industrial or manufacturing. She had sold half of her
property, but the other half is undeveloped, and many others were probably
waiting for a rezone as she had been. When the County had noticed the
consideration of rezone, she and others had gone out, walked and obtained the
RV-lb. These were not speculators but life-time residents except for renters
who approximated 1/4 of the total.
MINUTES - 9 - November 4, 1987
Chuck Mervell, 815 Ada Street, said that the September 2, 1987 meeting was the
first one he had known about. He would like his acre of land to remain RV-15
so it could be split. The property had not been developed before because the
cost in school bonds alone is about $3,500. He would have attended other
meetings if he had known of them.
Carol ~arquez, 3517 Main Street, J&C Auto Recycling, questioned what will
happen to unusable cars if the recyclers are phased out? Will they remain in
the streets? Will San Diego permit taking the vehicles to their recycling
station?
Mr. Pass replied that as stated prior, every city in the County, including
Chula Vista, has an obligation to handle its fair share of the recycling needs
of the area; which should be arranged through negotiations through the County
and the several cities, rather than concentrated within the Montgomery Area.
The Committee, in their election and in their subsequent studies learned that
people wanted (1) upgrading of the industrial area to the like of other
first-rate industrial parks within the region, and (2) an emphasis on
home-ownership, single-family dwellings and not on very high residential.
These wants are the basis of the Montgomery Specific Plan.
Bill Harter returned to the podium to address the questions of (1) the change
in zoning achieved in Broderick's Otay Acres and (2) the subsequent lack of
development. He asserted that (1) in 1965, the County was forced to hold a
public hearing to bring their Community Plan and zoning into compliance with
State Law. At that hearing, several of the residents requested a rezone for
various reasons. His particular property had two duplexes on the acre and he
was told that to split into four lots would necessitate conversion of those
duplexes into single-family residences which was not economically feasible.
(2) The value of land is not high in the area; a lot of the zoning changes
included from commercial to residential. Since the zoning changed and the
density increased, the school districts raised their fees, and the vacancy
rate for rentals has gone from -3% to +10% which is not the time for little
people to risk their life-savings. The improvements required by County or City
prior to construction are a tremendous outlay to an individual. In regard to
the size of the lots in Broderick's Acres, of the total 181 lots, 119 are less
than 1/4 acre and 61 are less than 1/5 acre. There is not enough land in one
group to have any massive build-up.
No one else wishing to speak, the public hearing was closed.
Commissioner Fuller expressed agreement that there had been considerable
confusion; however, she reminded the Commission that, as a member of the
Montgomery Co~unity who had worked hard for the annexation, she viewed the
confusion as being cultivated and created by the same people who had opposed
annexation as the approach is the same. She urged a return to the concept of
the Plan itself and to remember that Part III (forthcoming) is the portion
that will contain the implementation and will be subjected to a full public
review and hearing process. It is the phase by which the ideas will become
actualities.
MINUTES -10- November 4, 1987
The auto dismantling businesses provide an important service to the entire
community and those businesses who participated in the fine report should be
complimented. It is hoped they will work together to conform to the Plan and
to fit into the area without being an eyesore.
Commissioner Shipe stated he had supported the Montgomery Specific Plan at the
last meeting and had heard nothing tonight to alter that decision. It had
been stated that Montgomery was a hodge-podge of obsolescence caused by a
disinterested and financially-strapped San Diego County and that Montgomery
demonstrated urban decay based on sprawl and blight. In his opinion, it has
many under-managed land uses, economic and industrial obsolescence plus
nuisance industries throughout the area and for those reasons he would support
the Plan.
Commissioner Casillas commented that essentially he supported the Plan
although he still experienced some concern over whether or not certain
segments of the community really have had their say. He would like to see
what could be done in the referenced 30-day period in terms of establishing or
developing a methodology that would attempt to answer some of the questions.
Considering that the area has suffered the neglect of the County, 30 days
doesn't seem a long time particularly since the Plan would then move forward
whether or not those issues were resolved. He woul~ support the 30-day delay
period if, at this level, it would minimize any greater impact and delay of
implementation of Part III.
Commissioner Tugenberg said he was against any delay; that nothing in Phase I
or II involved down-zoning; and he is in support of the Specific Plan.
Commissioner Cannon remarked that when he had chaired the Sweetwater Community
Plan over a period of 2 years, the same type of comment had been received.
There is a requirement that notice be given in a certain fashion, and it is
incumbent on the people in the community to gain notice by the way it is
given. He expressed certainty that some people were unaware of the impact on
their particular properties, however, such a situation could continue forever
with some person or other not being noticed. The Commissioner pointed out
that the vast majority of the persons wishing to speak were present and have
attended and spoken before and that he was ready to vote.
MSUC (Shipe/Fuller) to find the adoption of Parts I and II of the draft
Montgomery Specific Plan will have no significant environmental impact and
adopt the Negative Declaration issue~ under lS-88-O4M.
MSUC (Shipe/Fuller) to approve Parts I and II of the draft Montgomery Specific
Plan and recommend the City Council adopt such.
Chairman Carson thanked everyone, whether in support or in opposition, who had
attended the meeting and noted that the only way the community can be improved
is by the input persons are willing to make. According to staff, all will be
notified when the item proceeds to the City Council and were urged to bring
their information to Council.
MINUTES -ll- November 4, 1987
3. CONSIDERATION OF FINAL EIR-87-1 - RANCHO DEL REY SPA-1
4. PUBLIC HEARING: CONSIDERATION OF THE ADOPTION OF THE GENERAL
DEVELOPMENT PLAN, SECTIONAL PLANNING AREA (SPA) PLAN
(PCM-87-6), PUBLIC FACILITIES PLAN AND FINANCING
ANALYSIS, DEVELOPMENT REGULATION FOR RANCHO DEL REY
SPA-1 - RANCHO DEL REY PARTNERSHIP
5. CONSIDERATION OF CEQA FINDINGS, EIR-87-1 - RANCHO DEL REY SPA-I
6. STATEMENT OF OVERRIDING CONSIDERATIONS - RANCHO DEL REY SPA-I
Consultant Lettieri said that since a detailed presentation had been made at
the last Planning Commission meeting (10/28/87) he would limit staff response
to the Rancho del Rey Partnership letter. He indicated that staff was in
agreement with four of the points raised in the letter; namely, items l, 2, 5
and 7.
41 Road "A" The discrepancy found in the traffic count on this road has
been resolved with the applicant and his traffic engineer and a two-lane
road has been designated.
42 School Phasing - Staff is in agreement.
43 Regional Development Impact Fee The Partnership is requesting that
immediate credit for regional road construction and improvements be given
against the development impact fees within the public facilities plan.
Staff agrees in concept; however, does not consider it feasible to amend a
City-wide policy on a project-by-project basis. It is intended that the
development impact fee program will be revised to include East "H" Street
and the Otay Lakes Road utility under§rounding and submitted to Council
prior to transmittal of the Rancho del Rey SPA 1 project.
44 Parks - The Partnership is concerned that while most of the park land
dedication took place in Phase I, staff is not making a recommendation
regarding the amount of dedication in Phases 2 through 4. Staff concurs
that any park dedication fees for SPAs II through IV be waived (relating
only to the amount of park-land dedication) because of the amount of park
land and improvements made in SPA I. However, since there may be concerns
raised in SPAs II through IV regarding dedication and improvements of
those parks, a policy decision on those SPAs at this time would be
inappropriate.
#5 Stagin~ Area Phasin~ - staff is in agreement with this.
46 30,000 Trip Allocation - Staff considers it inappropriate to plan in the
30,000 trip consideration for this approval process because: (a) The City
General Plan will be considered next year and major policy decisions will
have to be made that might impact ~ast "H" Street as well as other
circulation roads; (b) Most of the eastern territory is not under the
MINUTES -12- November 4, 1987
City's control; (c) The possible expansion of Southwestern College or
change in traffic circulation is also controlled only partially by the
City. For those reasons and for staff's concern about the amount of
traffic on East "H" Street, staff can make a recommendation that traffic
is environmentally significant but mitigable based on conditions such as
the monitoring program placed on this project; however, to give one
project a guarantee of 3D,O00 trips would defeat the purpose of the
environmental process.
#7 Annual Fiscal Impact Analysis Update - staff is in agreement with this.
Commissioner Tugenberg asked about traffic generated by the employment park.
Deputy City Engineer Garibay stated that lO,O00 trips will be withheld from
the employment park based on the traffic analysis. It is projected by
analyzing traffic from the project, projections for future growth, and permits
issued but not acted upon, that East "H" Street, east of Hidden Vista, will
carry 56,500 trips per day. Until SR-125 is built or some other mitigation
available, the 10,000 trips are withheld so that the 56,50D trip or Level of
Service "C" is not exceeded.
This being the time and the place as advertised, the public hearing was opened.
Ken Baumgartner, McMillin Financial and Rancho del Rey Partnership, 2727
Hoover Avenue, National City, said he would respond to the three items left
outstanding only.
~3 - Regional Development Impact Fee McMillin wishes to establish the
concept of "H" Street and Otay Lakes Road being clearly defined as
"regional" roads in the overall East Chula Vista Regional Road System
and desires a clear statement to that effect.
#4 - Parks - Considering the amount of park land being provided in Phase I (a
community park and two neighborhood parks), that the developer not be
required to provide additional land to that al ready included in the
approved Specific Plan of SPAs Il through IV.
Commissioner Fuller interjected that she had listened to the tape of the
last meeting as well as reading the material, was qualified to vote and
requested clarification regarding the parkland issue. Mr. Baumgartner
replied that there are two parks, a small one in SPA II and another
5-1/2 acre neighborhood park in SPA III to the west of the loop road
already included in the approved Specific Plan. Those will be
constructed and the developer is amenable to staff proposing relocation
of the parks or a better configuration; however, concern is felt that
another community park might be required within SPAs II through IV. The
developer wishes to set an acreage limit about the amount of parkland
required for SPAs II through IV.
MINUTES -13- November 4, 1987
#6 - 30,000 lrip Allocation An iron-clad guarantee that McMillin has a
30,000 trip allocation is strongly desired by the developer. The
capacity of the roadway as set forth in the environmental document
presented to Council last March was known. The developer is ready to
accept the risk of the project being stopped if the traffic report is
incorrect resulting in an excess of 56, b00 trips occurring on East "H"
Street and the level of service being reduced below LOS "C". He noted
that staff and the developer are in agreement with what is specified in
the Development Agreement. In answer to Uommissioner Shipe, Director
Krempl confirmed Mr. Baumgartner's last statement. He pointed out that
when the applicant made his traffic study, all of EastLake I was assumed
to be built out and was factored into their equation; however, if the
trips are not there, it would be necessary to stop the project and move
ahead with SR-125. To the extent that the trip capacity is present, in
the context of future projects the City has not yet reviewed or
approved, or of properties that have not been annexed, the City has the
discretion to make assumptions with respect to trips being allocated to
Rancho del Rey and would do so.
Commissioner Tugenberg inquired about the projection for the build-out of
Phase 1. Mr. Baumgartner replied that the developer is anxious to start; is
of the opinion that in a relatively good market place they can build 400 to
5UO units per year and is planning to develop up to 40 acres with probably
about 6 to 10 acres of industrial land. It is fully intended to start
park-planning for SPAs II, III and IV and much planning work in terms of
layouts and work has al ready been completed. In terms of planning, the
developer was proceeding as quickly as possible.
Commissioner Tugenberg said he was asking about the actual building on the
additional Phases more than then planning; and he did not consider it
advisable to tie the hands of the Planning Department now when 10 years down
the line the situation might be entirely different.
George Rodway, 1459 Summit Drive, 92010, Vice President of the Homeowners'
Association, said he understood that the developer would want parks to service
the homes being built; however, he is concerned about the location of the
baseball and soccer fields; namely, right in front of his house where very few
of the homes will be built. He asked if that fact was being taken into
consideration. He also expressed the opinion that the number of buildings
planned for construction is "mind-boggling" and it seems totally unrealistic
to fill up the canyon.
Commissioner Tugenberg said he recalled that Commissioner Cannon had
explicitly requested during the draft EIR hearings that an alternative
addressing a reduced density be brought to provide the Commission with
realistic alternatives.
Commissioner Cannon noted that Mr. Reid had pointed out some areas within the
EI~ indicating alternatives, but what he had wanted was to have a plan brought
back omitting the employment park; he wanted to see some alternative uses in
the employment park area.
MINUTES -14- November 4, 1987
Mr. Reid noted that the last section of the staff report (Section F) described
the various alternatives listed in various environmental documents that
comprise the EIR for the project. That includes a Master EIR with an addendum
and a Supplemental EIR with a modified project, which contained different
combinations of the employment park being in and out, different residential
densities and configurations of the employment park and residential areas.
Commissioner Cannon complimented Mr. Reid on the environmental analysis and
the addressment of the CEQA issues in the EIR. It was his opinion, however,
that some of the approaches on the water points brought up by Mr. Watry were a
"bit Pollyanic" since there would be a long uphill fight on a long-term
problem regarding water problems in Southern California. He maintained
Arizona would take their water; and we will have a water problem here and the
more houses, the larger the problem.
MSUC (Tugenber§/Cannon) to certify that EIR-83-2 and EIR-87-1 have been
prepared in compliance with the California Environmental Equality ACT ICEQA),
the State CEQA Guidelines, the environmental procedures of the City of Chula
Vista and the Planning Commission has reviewed and considered the document as
it reaches a decision on the project.
MSUC (Tugenber§/Cannon) that the above recordation is conditioned by the
substitute of the referenced Public Facilities Plan and the Financing Analysis
in lieu of Table 4-F-4, which follows on page 4-106.
Director Krempl interjected that the development agreement should be extracted
as it was provided for information only and no action is as yet necessary.
Commissioner ~rasser stated for the record that she had listened to the tape
of the last meeting, read all the material and was qualified to vote.
MS (Tugenber§/Casillas) that based on the findings attached to the staff
report to recommend that City Council approve the Rancho del Rey General Plan.
Commissioner Casillas said that he appreciated the points raised by
Commissioner Cannon; however, the matter of obtaining a quality-of-life
perspective in large measure depends upon where we will be able to enjoy some
kind of economic life; we have an obligation to provide for livelihood for
some of our citizens as they pay the taxes, provide the schools and live in
the area. He is of the opinion that the employment park is an excellent idea
and is certain it will be developed in such a fashion that will not reduce the
quality of life. For this reason, he will support the motion.
THE MOTION FAILED BY THE FOLLOWING VOTE:
AYES: Commissioners Fuller, Carson and Casillas
NOES: Commissioners Tu§enberg, Grasser, Cannon and Shipe
ABSTAIN: None
MINUTES -15- November 4, 1987
DIRECTOR'S REPORT
Director Krempl reminded the Commission that there would be no workshop
meeting on November ll, 19~7.
COMMISSION COMMENTS
None.
AUJOURNMENT AT 9:31 p.m. to the Regular Business Meeting of November 18, 1987
at 7:00 p.m. in the Council Chambers.
Ruth M. Smith, Secretary
Planning Commission
WPC 4668P