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HomeMy WebLinkAboutPlanning Comm min 1979/09/26 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA September 26, 1979 A regular meeting of the City Planning Commission of Chula Vista, California was held on the above date beginning at 7:00 p.m. with the following members present: Smith, Pressutti, G. Johnson, R. Johnson, Stevenson and Williams. Absent (with previous notification): Commissioner O'Neill. Also present: Director of Planning Peterson, Associate Planner Liuag, Senior Civil Engineer Daoust, Assistant City Attorney Harron, and Secretary Mapes. The pledge of allegiance to the flag was led by Chairman Smith, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Stevenson-G. Johnson) The minutes of the meeting of September 12, 1979 be approved as written, copies having been mailed to the Commission. Commissioner Smith abstained from voting due to his absence from that meeting. ORAL COMMUNICATIONS Chairman Smith called for oral communications and none were presented. 1. PUBLIC HEARING (cont.): Tentative subdivision map for Chula Vista Tract 79-12, Hudson Valley Estates Unit 2 Director of Planning Peterson noted that this request for consideration of a tentative subdivision has been on previous Commission agendas, and subsequently continued to a future meeting. The applicant has now indicated that he is exploring a different lot pattern for the area and needs additional time. It is therefore recommended that the public hearing be continued to the meeting of October 24. MSUC (Stevenson-Williams) The public hearing for consideration of the tentative subdivision map for Chula Vista Tract 79-12, Hudson Valley Estates Unit 2 be continued to the meeting of October 24, 1979. 2. PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 79-21, Teresa Condominiums, 144 Garrett Avenue Associate Planner Liuag reported that this map was filed in order to convert a 34 unit apartment complex to condominiums. The applicant's proposal for meeting the storage requirement includes the construction of carports over some of the parking spaces, with additional storage provided within the laundry area. This meets the requirement for storage adjacent to the first floor and townhouse units. Storage adjacent to the second floor units can be provided by extending the upper floor balconies; this is recommended as a condition for approval of the tentative map. -2- Sept. 26, 1979 Mr. Liuag reviewed two additional conditions which include replacement of the driveway to Glover Avenue and the granting to the City of a 5 foot wide street tree easement. The staff report lists additional ordinance requirements which must be met if the tentative map is approved. These are listed as a matter of information and are not requirements that can be modified by the Planning Commission. This being the time and place as advertised, the public hearing was opened. Gene York, 160 Brightwood Avenue, expressed concurrence with the conditions as recommended and expressed thanks for the cooperation of the various depart- ments of the city in working out solutions to what he had felt might be insur- mountable problems in meeting the condominium conversion standards. As no one else wished to speak, the public hearing was closed. Commission Stevenson noted that no one spoke representing the tenants to express their views with regard to the proposed conversion and asked if they received notice of this public hearing. Director of Planning Peterson advised that notice of this hearing was not sent to tenants of the apartments, however, if the tentative map is a~proved, the law requires that each tenant be given 120 days notice of the intent to convert to condominiums prior to the expiration of tenancy. In response to a question from Commissioner G. Johnson concerning the recent ordinance adopted by the City of San Diego, Mr. Peterson advised that cities and the State have ranged all the way from requiring the permission of more than 50% of the tenants before approving a conversion, to factors relating to the vacancy rate. MSUC (R. Johnson-Stevenson) Based on the findings in the staff report, the Commission recommends that the City Council approve the tentative subdivision map for Chula Vista Tract 79-21, Teresa Condominiums, subject to three conditions as listed in the staff report. In response to a question raised by the Commission as to the time limit for completion of the conditions, Mr. Peterson advised that in this case all conditions must be met prior to issuance of an occupancy permit for the individual owners. 3. PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 79-22, Brightwood Condominiums, 160 Bri§htwood Avenue Director of Planning Peterson advised that this map is also a proposal to convert 22 existing apartment units into condominiums. The property is a through lot with frontage on Fifth Avenue and on Brightwood. The applicant's plans provide sufficient storage space to meet ordinance requirements, but the plan did not have adjacent storage to all of the units as required by the ordinance. In meetings with the applicant, it was agreed that the upper floor balconies can be expanded to provide the adjacent storage. -3- Sept. 26, 1979 Mr. Peterson pointed out that this development received a City Beautification Award in 1976 for small multiple family development. It is recommended that the tentative map be approved subject to the conditions stated in the report. This being the time and place as advertised, the public hearing was opened. Gene York, 160 Brightwood, owner and applicant, advised that these units are identical to those in the previous hearing with regard to floor plans and architecture. In response to a question from the Commission he advised that each two bedroom unit will have two parking spaces and each one bedroom unit will have one parking space assigned on the site. He further advised that the renters have been notified of the proposed conversion even though it will be nine months to a year before the units will be offered for sale. He further noted that there is approximately a 50% turn-over of tenants a year, so that probably half of the tenants notified at this time would not be occupying the apartments when they would be put up for sale. As no one else wished to speak, the public hearing was closed. MSUC (G. Johnson-R. Johnson) Based on the findings stated in the staff report the Planning Commission recommends that the City Council approve the tentative subdivision map for Chula Vista Tract 79-22, Brightwood Condominiums, subject to the four conditions listed in the staff report. 4. PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 80-2, Hidden Pines Condominiums, 1420 Hilltop Drive Associate Planner Liuag reported that this tentative map proposes the conversion of a 48 unit apartment complex to condominiums. The 2.42 acre lot extends from Hilltop Drive to Tobias Drive. The apartments were built eight or nine years ago and the proposed conversion was subject to review by the Design Review Committee. Remodeling of the exterior of the buildings as recommended by the Design Review Committee has been undertaken. The applicant has indicated that this project would be in the range of low to moderate income families and that he would seek relief from Park Acquisition and Development Fees and the Residential Construction Tax, although no formal request has been made at this time. The plans as presented meet storage and parking requirements as established by ordinance. Approval of the map is recommended subject to four conditions dealing with improvement of access, the granting of a street tree easement and installation of an additional fire hydrant. In response to questions from the Commission, it was affirmed that the plans have been reviewed by the Fire Department and meet with their approval. This being the time and place as advertised, the public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Stevenson expressed the opinion that the requirement in the first condition to widen the alley approach on Hilltop Drive to 22~ feet was indefinite and should be reworded to state, "a minimum of 22 feet." -4- Sept. 26. 1979 MSUC (Stevenson-R. Johnson) Based on the findings contained in the staff report, the Planning Commission recommends that the City Council approve the tentative map for Chula Vista Tract 80-2, Hidden Pines, subject to the four conditions in the staff report with condition i modified to state, "a minimum of 22 feet." Commissioner Pressutti commented that the Commission has now approved the conversion of over 100 apartments to condominiums at this meeting. He felt there was no alternative but to approve the requests since the projects meet all requirements for condominiums as established by ordinance and the necessary findings for approval of a tentative map are made. He felt personally that this is an injustice to apartment dwellers who will be deprived of the availability of rental units. If the practice of conversion is continued at this rate the cries of the renters will be loud and clear. He further pointed out that such cries would be addressed to social needs and the Commission has only the responsibility of addressing land use, and within the constraints of the ordinances adopted by the City. The Commission may sympathize, empathize, and cry with the renters but they still must act as they did tonight. Commissioner Stevenson agreed, but felt the renters should be notified of the initial hearing as they might have comments on the project relative to storage, parking available, and so forth. Commissioner R. Johnson suggested that the Commission should look at condominiums in the perspective of the number of conversions in a year. He asked for a report from the staff covering conversions in the past year. Terry Sheldon, 2254 Moore Street, Suite 202, San Diego, advised that he is the applicant for the Hidden Pines subdivision map and apologized for arriving too late to speak during that hearing. He addressed the proposal of providing affordable housing for low and moderate income families. He indicated that in this particular project they plan to set aside 15 or 20% of the units to be affordable to people who make between 70 and 90% of the county's median income. They will arrange a financing package so that those people will be able to afford to live here in Chula Vista permanently and become a part of the economy. While he does not have a definite proposal prepared for this project, he distributed to the Commission copies of a similar project, and discussed a similar development in Del Mar. The units sold at low cost will be regulated on resale so they cannot be resold at a windfall profit; that program will be administered by the San Diego City Housing Authority. Commissioner Pressutti advised that his concern is not so much over the cost of the units as he feels many of the converted units will be in a moderate price range, but he is concerned about depleting the amount of housing available for those whose lifestyle is built around apartment life, who for some reason are not permanently established in the area, and do not wish to own their home. Mr. Sheldon advised that California has encouraged a transient society, so that there are 50% permanent residents and 50% transients, who have no economic or moral commitment to any community they live in, they can leave any time they wish. He felt the trend is changing and more people are interested in acquiring equity in a home. He advised that in Del Mar where they have 103 units for sale they have 800 applicants. The Commission thanked Mr. Sheldon for the information which he brought. -5- Sept. 26, 1979 5. PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 80-3, Lea Condominiums, 183 Bri~htwood Director of Planning Peterson reported that unlike the three previous hearings this tentative map is not a conversion of existing apartments, although the proposal includes the removal of some existing units in order to construct the condominiums. This will be a townhouse type of development with 8 two-bedroom units located in two 2-story structures with a two-car garage at the first floor level for each unit. Approval is recommended subject to one condition requiring a soils certificate on the map. This being the time and place as advertised, the public hearing was opened. As no one wished to speak, the public hearing was closed. MSUC (R. Johnson-Stevenson) The Commission finds that this project will have no significant environmental impact and adopts the Negative Declaration on IS-79-37. MSUC (R. Johnson-Stevenson) Based on the findings as stated in the staff report, the Commission recommends that the City Council approve the tentative subdivision map for Chula Vista Tract 80-3, Lea Condominiums, subject to the condition contained in the staff report. 6. PUBLIC HEARING: EIR-80-2 - Environmental impact report on proposed General Plan amendment for approximately 8 acres at Telegraph Canyon Road and Nacion Avenue Environmental Review Coordinator Reid advised that the purpose of this report is to provide an initial environmental analysis to identify the issues which could be involved in development of the property under a high density residential category as opposed to the visitor commercial designation currently on the General Plan. This EIR is supplemental to an earlier document, EIR-74-1, which was prepared for the residential development in the general vicinity and development of the subject property with a visitor commercial use. When more precise develop- ment plans are available additional environmental analysis will be done and brought before the Planning Commission. It is assumed in this analysis that the property would be developed at the maximum density allowed by the General Plan--up to 266 dwelling units. This is not likely because of the constraints on the property related to topography and drainage. The applicant has prepared a plan that shows approximately 200 dwelling units on the site. Mr. Reid briefly reviewed'the possible impacts of development of the property related to geology, noise and traffic. He advised that written comments have been received from the Environmental Control Commission and the Sweetwater High School District which will be included in the EIR with the necessary response. He suggested that the Commission open the public hearing, take testimony on the adequacy of the EIR and schedule consideration of the final document for October 17. This being the time and place as advertised, the public hearing was opened. Jerry Choate, 389 East Millan Court, expressed the opinion that the city is becoming over populated and that it would be an injustice to allow apartments on that site due to the increase in traffic that would result. -6- Sept. 26, 1979 Jerry Valk, 291 Camino Vista Real, expressed concern about the number of units to be allowed, the heavy traffic on Nacion and the impact on the schools in the area, some of which are already operating at capacity. Commissioner Pressutti pointed out that most of the concerns expressed by Mr. Valk were addressed in the EIR. Bill Sears, 393 East Millan Court, felt that in addition to identifying the impacts of this particular development, the EIR should consider the impact of other similar developments within the school district area. Mr. Reid pointed out that the report does identify the more significant cumulative impact from additional development in the area. Mr. Sears also expressed concern over the amount of traffic and the lack of traffic control on Nacion. Patricia Kome, 300 Corte Nacion, pointed out that the intersection of her small cul-de-sac and Nacion is located near a sharp curve which obstructs the view of oncoming traffic and makes it very dangerous to enter that intersection even with the current volume of traffic. As no one else wished to speak, the public hearing was closed. MSUC (Pressutti-G. Johnson) Consideration of the final EIR-80-2 be scheduled for October 17, 1979. Commissioner Williams asked if a current traffic count on Nacion could be provided for the Commission's information. Mr. Reid affirmed there would be no problem with taking another count. 7. PUBLIC HEARING: EIR-79-9 - Environmental impact report on proposed General Plan amendment and rezonin~ of approximatels 3.4 acres of cits owned properts adjacent to Chula Vista Municipal Golf Course Environmental Review Coordinator Reid reported that the current General Plan designation on the subject site is Park and Public Open Space. This report deals with two possible alternative uses for the land: Visitor Commercial or High Density Residential. The EIR covers the impact that might result from either type of use. The impact analysis in the report covers geology and soils, including the fact that the site is within the river bed area of the Sweetwater River and the soil is subject to liquifaction during a substantial earthquake. The impacts of this can be mitigated to an insignificant level through the placement of fill material, proper compaction and adequate structural design of foundations. Placement of fill within the flood plain would have the potential to raise the water upstream from the location of the fill, which could have an effect on the golf course club- house. The report also deals with the impact of noise, aesthetics and scenic quality, enrollment at schools and increase in traffic. -7- Sept. 26, 1979 Mr. Reid noted that this report was prepared by Gary Augustine, a volunteer worker for the City, who, he felt, did a very good job on the report. This being the time and place as advertised, the public hearing was opened. No one wished to speak, and the public hearing was closed. Chairman Smith pointed out that the report listed a number of alternatives for use of the site, but did not include an alternative for using it for a playground type park, such as a softball field and some playground equipment. Mr. Reid advised that use was also suggested in some of the written comments on the EIR which were forwarded to the Director of Parks and Recreation for his comments. Consideration of that alternative will be addressed in the final report. Commissioner G. Johnson stated she wished to go on record as disagreeing with the sentence on page 17 that says, "Although the empty lot can be used as a window to view the golf course property, the actual project site does not display any scenic qualities." She indicated she does not agree with that comment nor with the City selling or leasing land for the projects listed in the EIR. She felt the valley floor should be left open. MSUC (Stevenson-R. Johnson) Consideration of the final EIR-79-9 be scheduled for October 17, 1979. 8. PUBLIC HEARING: EIR-80-1 - Environmental impact report on proposed Growth Management Policies Environmental Review Coordinator Reid reported that the adoption of the proposed policies would involve the general phasing of development in eastern Chula Vista in an west to east direction. This basic concept has both negative and beneficial impacts on the environment. The focusing of development initially on the western portion of the areas would impact some very sensitive environmental resources such as biology and archeology, while on the balance the beneficial impact from this type of approach would be the improvement in air quality, availability of public services, conservation of energy, as opposed to a more leapfrog type of development. One of the major concerns identified was the incorporation of the Long Canyon drainage basin into the phase I of the development area. Previous EIR~s dealing with development of that area have indicated that there would be substantial impacts on urban support systems which would take substantial mitigation measures and that delay of development in that area to a later phase would probably result in the placement of those facilities prior to development of that property. Written comments on the EIR have been received from the Environmental Control Commission and the Sweetwater High School District. Cadillac Fairview Homes also brought in a letter this afternoon, and their representatives will address the Commission on the issues raised in that letter. It is recommended that testimony on the EIR be taken at this meeting and consideration of the final EIR be scheduled for October 17. -8- Sept. 26, 1979 Chairman Smith commented on a statement in the EIR which states that "the areas indicated in the growth control policies for initial development are those with the most severe topographical constraints." He asked if it is not possible that those constraints could be such that nobody would regard them as being worth developing at all, and thus put off forever the remainder of the development. Mr. Reid pointed out that two of the most severe areas are the area of Rice Canyon immediately adjacent to 1-805 and the Long Canyon Area, both of which are being considered for development proposals, so apparently the topographic restraints and economic constraints due to the amount of grading required to implement development is not an overriding factor. Commissioner Williams commented that he dislikes the use of phase 4 for the agricultural and reserve area. He asked if that could not be changed from phase 4 development to just agriculture and reserve area. Mr. Reid advised that could possibly be done in consideration of the policies themselves, scheduled for October 17th, but that was a given insofar as this analysis of impact is concerned. Commissioner Williams acknowledged that the implication is there that the area is possibly not considered for development, but he did not like to see it labeled as phase 4 development on the map. This being the time and place as advertised, the public hearing was opened. Robert L. Santos, representing Cadillac Fairview Homes and Western Salt Company, owners of a large tract just easterly of the city boundaries, raised the point that the EIR as written cannot be found to be adequate with regard to the section relating to alternatives to the proposed action. He contended that the policies which the EIR relates to are specific and inflexible to the point where it's impossible to develop alternatives without a clearer understanding of the city's goals. He felt the EIR should not be adopted until they have an opportunity to review the goals in order to suggest alternatives to the proposed action. In response to a question from the Commission he confirmed that their property is the 3200 acres lying to the east of all present development. He indicated they are working on a major planning effort for that area which would involve major employment centers, commercial support uses, open space preservations-- things which they believe the city really desires. He asked that they be given 60 days in which to work with the city prior to adoption of the EIR or the policies. In response to a question from the Commission, Director of Planning Peterson expressed the preference to keep the EIR process going since it has been started, and schedule final consideration of the EIR with the inclusion of all testimony presented and a response to issues raised. He pointed out that even if the General Plan amendment is adopted to implement the growth management policies as proposed, that plan can later be amended and indeed Cadillac Fairview Homes West would have to apply for a General Plan Amendment anyway because their property is designated "Agriculture and Reserve"on the General Plan. -9- Sept. 26, 1979 The commission discussed at some length with Mr. Santos the time frame and process for amending the General Plan, including subsequent review and possible revision to any portion of the General Plan. Steve Taylor, 315 Surrey Drive, member of the Environmental Control Commission, addressed the subject of water. He spoke of the possibility of a critical water shortage when the Colorado River supply is to be cut in half, probably within the next two years. He felt that careful consideration should be given to the quantity of water the area will receive before okaying future development. As no one else wished to speak, the public hearing was closed. Chairman Smith expressed concurrence with the concern voiced by Mr. Taylor over water supply. He also pointed out that this EIR does not discuss any positive approaches of the city; nearly all of the policy is negative, and contains nothing about development of an outlying area if the area between is not develop- able. He felt there should be additional alternatives in the report. MS (R. Johnson-Williams) Final consideration of EIR-80-1 on proposed Growth Management Policies be scheduled for October 17, 1979. The motion carried by the following vote: AYES: Commissioners R. Johnson, I~lilliams, Pressutti, G. Williams and Stevenson NAY: Commissioner Smith ABSENT: Commissioner O'Neill DIRECTOR'S REPORT Director of Planning Peterson called attention to the brochure sent to the Commission concerning a seminar on Planning to be held on Saturday, October 13, sponsored locally by C.P.O., with participation by the State Office of Planning and Research. Commissioner G. Johnson pointed out that the program for Friday, October 12, although not specifically geared to Planning Commissioners, will include a briefing on condominium conversions. She asked if it is permissible for Commissioners to attend both days. Mr. Peterson concurred that Commissioners could attend either day or both days, and asked that requests for registration be presented to the Commission secretary in the very near future in order that advance registration may be forwarded to C.P.O. COMMISSION COMMENTS Commissioner G. Johnson asked if Commissioners are required to attend the public hearing on the conflict of interest code on October 2nd. ~.lr. Peterson advised attendance is optional for the Commissioners. Commissioner Pressutti commented on the document given to the Commissioners this evening by T. L. Sheldon Corporation and asked if this could be further discussed at a future study session. He advised that he has always had some -10- Sept. 26, 1979 concern when major corporations, Federal government, State, City, say they are going to subsidize, or help solve social problems through subsidies of some kind, but it is then learned that one must submit to professional or moral lobotomy in order to receive the funds. He noted that the medium and low cost housing has some very interesting numbers, and when he sees $2,000 or $3,000 second trust deeds, he has grave concern over what happens to the money. He would like to have such a procedure analyzed by people who under- stand dollar signs and double entry bookkeeping to advise him exactly who is subsidizing whom and is this, in fact, helping medium and low income families, or the developer. Mr. Peterson advised that November 14th would be the date of the next study session and that concern could be addressed at that time. ADJOURNMENT Chairman Smith adjourned the meeting at 9:15 p.m. Respectfully submitted, Helen Mapes, Secretay~y