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HomeMy WebLinkAboutPlanning Comm min 1993/04/28 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, April 28, 1993 276 Fourth Avenue, Chula Vista ROLL CALL COMMISSIONERS PRESENT: Vice Chair Martin, Commissioners Carson, Ray, Tarantino, and Tuchscher COMMISSIONERS ABSENT: Commissioners Fuller and Moot STAFF PRESENT: Assistant Planning Director Lee, Associate Planner Hernandez, Associate Planner Miller, Acting Library Director Palmer, Senior Civil Engineer Ullrich, Assistant City Attorney Rudolf PLEDGE OF ALLEGIANCE - SILENT PRAYER Since Chair Fuller was out of town on vacation, the pledge of allegiance to the flag was led by Vice Chair Martin, followed by a moment of silence. INTRODUCTORY REMARKS Vice Chair Martin reviewed the composition of the Planning Commission, its responsibilities and the format of the meeting. ORAL COMMUNICATIONS - None MSUC (Ray/Carson) 5-0 to excuse Commissioner Fuller, who was out of town, and Commissioner Moot, who had a business conflict. ITEM 1: PUBLIC HEARING: GPA-93-04; APPLICATION BY EASTLAKE DEVELOPMENT COMPANY FOR APPROVAL OF A GENERAL PLAN AMENDMENT FOR 51 ACRES OF EASTLAKE GREENS, LOCATED IN TWO SEPARATE PARCELS, ONE SOUTH OF EASTLAKE HIGH SCHOOL, THE SECOND IN THE SOUTHWESTERN PORTION OF EASTLAKE GREENS PC Minutes -2- April 28, 1993 Assistant Planning Director Lee noted that a letter had been received from EastLake asking for continuance of this item to May 12, 1993, to coincide with action on the Otay Ranch. MSUC (Carson/Ray) 5-0 (Fuller and Moot excused) to continue GPA-93-04 to the meeting ol' May 12, 1993. ITEM 2: PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-93-25; REQUEST TO ESTABLISH A DAYCARE CENTER AT 73 NORTH SECOND AVENUE FOR A MAXIMUM OF 250 CHILDREN, AND LIVE-IN SECURITY GUARD - Ms. Elizabeth Stillwagon (Chula Vista Connection - Neighbors Helping Neighbors) Assistant Planning Director Lee stated that some new information had been received regarding potential traffic impacts due to the size of the facility, and the applicants were planning an additional forum with the residents in the neighborhood to review the issues. Mr. Lee asked for continuance of this item to May 26, 1993. MS (Carson/Ray) to continue PCC-93-25 to the meeting of May 26, 1993. Commissioner Ray questioned whether there should be a Negative Declaration because of the change in traffic. Assistant Planning Director Lee replied that it was possible. The State allows the applicant to go up to 250 students; however, Mr. Lee did not believe the traffic would allow them to do so. After considering the traffic impact, he believed the applicant would return with a request for a lower number of students. VOTE: 5-0 (Fuller and Moot excused) ITEM 3: PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-93-29; REQUEST TO CONSTRUCT A PUBLIC LIBRARY AT THE SOUTHEAST CORNER OF ORANGE AND FOURTH AVENUES - City of Chula Vista, David Palmer, Library Director Associate Planner Hernandez presented the staff report and stated that the Design Review Committee had unanimously approved the proposed library architectural and site design contingent upon approval of the conditional use permit. Staff recommended that the Commission adopt Negative Declaration IS-89-79 and Addendum, and adopt a resolution recommending that the City Council approve PCC-93-29, based on the findings and subject to the conditions contained in the draft City Council resolution. Commissioner Tuchscher inquired about the large parking area on the south side of the building. Mr. Hernandez explained that the literacy center would be located in that area and would be independent from the library. This parking area would serve the literacy center. PC Minutes -3- April 28, 1993 Commissioner Tarantino asked about the timeline for construction; when could it be expected to be operational. David Palmer, Acting Library Director, said it was expected that construction would begin in the fall of 1993 and open to the general public by December 1994 or January 1995. Commissioner Tarantino questioned the impact of the high pressure power lines on the property. Mr. Hernandez stated that the facility was specifically designed to be set back from the power lines and electromagnetic fields. Commissioner Ray asked if the library was being built with grant funds or if City taxes would partially fund it. Mr. Palmer answered that the funding was primarily through a 65/35 % gram which meant it was 65% State/35% City of eligible costs. The City's match plus ineligible costs would be paid for through library development impact fees, CDBG funds which helped pumhase the site, and residential construction tax. Replying to Commissioner Ray, Mr. Palmer said the DIF allowed for up to 36.2% funding for the project, and the DIF fees for new development in the eastern portion of Chula Vista would apply to the western territory. Commissioner Ray was concerned with traffic impact, and asked if there was any report back from Traffic Engineering regarding the cul de sacing of Quintard. Mr. Palmer stated that the issue had been discussed at length at the Safety Commission hearing and a special Library Board meeting, and the issue was not part of the street improvements. The street improvements on Orange Avenue would only occur to the south end of the street toward the library site. In addition, Commissioner Ray was concerned about the design of the parking lot and whether the public would have access to the parking lot after hours. He felt there should be gates to prevent vehicles from entering--to try to slow down graffiti. Discussion ensued regarding the cost of the gates, cost of personnel to close the gates, the need for book drops, and the use of an ami-graffiti solution which had been approved by the Design Review Committee. Commissioner Ray asked about the cost to purchase homes as part of the road improvement. Mr. Palmer answered that three parcels on the corner of Orange and Fourth were purchased. There were three homes on the library site which were purchased with CDBG funds and the money was reimbursed back to Community Development. Commissioner Martin stated that he was going to vote for the project; he was very excited it; however, he was concerned about the children who would be walking among trees and asked special consideration of that. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. PC Minutes -4- April 28, 1993 MSUC (Carson/Tuchscher) 5-0 (Fuller and Moot excused) that based on the Initial Study and comments on the Initial Study and Negative Declaration, find that the project has no significant environmental impacts and adopt the Negative Declaration and Addendum issued on IS-89-79. MS (Carson/Tuchscher) to adopt Planning Commission Resolution PCC-93-29 recommending that the City Council approve PCC-93-29 based on the findings and subject to the conditions contained in the draft City Council resolution. Commissioner Ray asked that the motion include a suggestion that the City Council, prior to final approval, consider gating the parking lot and installing an exterior book drop with street access or a turn-out for a book drop. He wished to reduce graffiti by limiting access after hours. Discussion followed regarding the age of taggers, the fact that it was a public building and gates would keep people from enjoying the building, whether gates would solve the problem, the challenge to gangs. Commissioner Ray suggested the use of in-house security--the creation of a sub-station for the police. Mr. Palmer said a sub-station could be accommodated within the building design. Commissioner Ray stated that if nothing was included for either a sub-station or somehow limiting access during off hours, he would vote against the project. Something needed to be done, and it should start soon. Commissioner Tuchscher concurred that Commissioner Ray's concerns were well founded, and asked that the vote be taken on the pending motion, and allow Commissioner Ray to put another motion on the table recommending that staff and/or Council look at those issues. VOTE: 5-0 (Fuller and Moot excused) Assistant Planning Director Lee suggested that the concerns expressed be contained in the form of a memo to Council for review. The Planning Commission's charge was to address whether or not the land use was appropriate. Commissioner Carson informed the Commissioners that the tagging was done in the early morning hours. The taggers are defeated by painting over it, and she would rather see emphasis placed by the City Council on community pride in that area. The YMCA would be working with children from the age of 10-14; youth summits would be held in May and June dealing with what could be done with the junior high and high school students toward community pride. She agreed with Commissioner Taramino that a barrier could be an enticement or initiation to get into a certain group. PC Minutes -5- April 28, 1993 Commissioner Tarantino agreed regarding fostering a sense of pride, and felt the library would be a source of pride and could be a cultural focal as well as a public service type focal point. Vice Chair Martin reiterated the use of paint to paint over the graffiti, and if the graffiti was continually painted over, the taggers would eventually stop painting in that area. Vice Chair Martin questioned whether the Commissioners wished to send a memo to the Council. Commissioner Ray agreed with forwarding a memo, but felt the land use issues had been expanded to include more issues than just land use; and the fact that the project may invite problems, such as graffiti. Commissioner Tuchscher noted that anti-graffiti treatments were available; he also supported the use of paint. MS (Tuchscher/Ray) that staff take into account the comments made and draft a memo for review by Commissioner Ray and execution by the Chair. Acting Library Director Palmer assured the Commissioners that the coating which would be used on the exterior and the interior of the building was of a kind that had recently been applied to the new National City Police Department. To take graffiti off the exterior, high pressure water spray could be used; for the interior, a simple solution of solvent could be used. Paint would also be used. Regarding community pride, Mr. Palmer said there were some interior graffiti problems in the restrooms at the Library, but no exterior problems. There are some buildings which become off target, and he hoped that the new facility would become a magnet for the entire community, and a wonderful sense of pride would come from it. VOTE: 5-0 (Fuller and Moot excused) ITEM 4: PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-93-16; REQUEST TO CONSTRUCT A 60' CELLULAR ANTENNA AND COMMUNICATIONS EQUIPMENT SHELTER AT 779 ANITA STREET - Applicant: PacTel Cellular Associate Planner Miller gave the staff report and asked that the Planning Commission adopt Resolution PCC-93-16 recommending that the City Council approve the conditional use permit based on the findings and subject to the conditions contained in the draft City Council resolution. Answering Commissioner Tarantino, Associate Planner Miller stated that the antenna would be shorter than the antenna on Highway 94 just before the Home Avenue exit. The whip antenna would not be seen; the main structure would be the most prominent aspect. This being the time and the place as advertised, the public hearing was opened. PC Minutes -6- April 28, 1993 Ms. Julie Huddle, 5355 Mira Sorrento Place, San Diego 92121, representing PacTel Cellular, said they supported staff's recommendation and asked for Planning Commission approval. Commissioner Ray asked if after the 20-year life span, the antenna would be torn down or replaced. Ms. Huddle stated that the technology was getting smaller; there would be engineering changes; they did not know what type of facilities would be needed in 20 years; as more customers were brought on line, the facilities would be smaller. They would consider removing the facility if at all possible. Answering Commissioner Ray, Ms. Huddle said this was in addition to existing services. Commissioner Ray questioned what kind of engineering changes would have to be made on the pole, if additional users co-located, and what that would mean in terms of getting new applications or further use permits. Ms. Huddle said they would have to make sure the structure of the tower could actually hold whatever was being proposed; and there were engineering issues regarding the way the antenna patterns would work. The reason for the separation of 20' was so the antennas could operate correctly. Commissioner Ray asked if staff was satisfied that those questions that could not be answered currently would be handled at a future date as they arise. Mr. Miller concurred, and stated that any changes would require a modification of the conditional use permit and would be assessed at that time, both environmentally and from a land use perspective. No one else wishing to speak, the public hearing was closed. MSUC (Carson/Tuchscher) 5-0 (Commissioners Fuller and Moot excused) to adopt Resolution PCC-93-16 recommending that the City Council approve Condition Use Permit No. 93-16, subject to the conditions contained in the draft City Council resolution. ITEM 5: PUBLIC HEARING; CONDITIONAL USE PERMIT PCC-93-26; REQUEST TO ESTABLISH AN EDUCATIONAL FACILITY AT 660 BAY BOULEVARD (NATIONAL UNIVERSITY) - Foster Properties Associate Planner Miller presented the staff report. Staff recommended that the Planning Commission find that the project would have no significant environmental impacts, and adopt the Negative Declaration issued on IS-93-28. It was also recommended that the Planning Commission adopt Resolution No. PCC-93-26 recommending that the City Council approve Condition Use Permit No. 93-26, subject to the conditions contained in the draft City Council resolution, based on the findings contained therein and subject to the adoption of the required Coastal Development Permit to allow the subject use in the General Industrial zone as a conditional use. PC Minutes -7- April 28, 1993 Commissioner Ray was concerned with the adequacy of the parking and the traffic flow coming into the southern end. Parking in the driveway on the curve creates a problem. He suggested use of the areas to the east, at some future point, if the parking becomes constrained. Mr. Miller noted that this was not part of the application and had not been analyzed. However, a condition could be included that all curbing at the southern and northern entrances be painted red, marked for no parking, and signs be posted. Associate Planner Miller stated, also, that the main impact of the University would be in the evening when the other users had vacated the premises for the day. There would not be the conflict between the uses in parking. Commissioner Ray stated he would include a cap as far as enrollment level. Mr. Miller answered that this conditional use permit would be approved for 150 students maximum. If National University anticipated growing beyond that, they would have to come back and modify the conditional use permit. At that point in time, parking across the street would be considered and/or a reciprocal parking agreement for the parking on the remainder of the site. Environmental aspects would have to be taken into consideration at that time. Commissioner Tuchscher questioned the number of parking spaces per student noting this application called for 1-1/2 parking spaces per two students which was above the 2:1 ratio. Mr. Miller stated staff required a minimum of 85 parking spaces. Discussion ensued regarding different college campuses and the parking ratios used. This being the time and the place as advertised, the public hearing was opened. Charla Rios, 6507 West Sierra Street, Glendale, AZ, Project Manager for Foster Properties, felt National University would benefit the South Bay and attract other lessees to the area. Regarding parking, they were willing to have a reciprocal agreement with 630 Bay Blvd. since they owned the other building. There was no one in the parking lot at night, and it would also help with security in that area. There were 221 parking spaces between the two building. She felt there was plenty of parking to satisfy even future growth of National University. Ms. Rios asked for Commission approval. Commissioner Carson asked how soon National would be starting business. Ms. Rios noted it would be immediately; the space plans and designs were ready to be permitted, with building to start. Foster Properties would like to have them occupy the building no later than June 15. Amendments had been given to the Coastal Commission. M. C. Cook, 4025 Camino Del Rio S., San Diego, representing National University, stated that they had been looking for over a year to locate a place in Chula Vista. He felt this facility would lend itself very well to educational use. The average student was 33 years old and very mature, would attend class from 5:30 to 10 p.m. in the evenings and on Saturdays. He asked for Commission support. PC Minutes -8- April 28, 1993 Commissioner Tarantino felt it would be a welcome addition. Answering Commissioner Carson, Mr. Cook stated that National University was fully accredited by the Western Association of Schools and Colleges, the same regional association that accredited San Diego State. No one else wishing to speak, the public hearing was closed. Commissioner Ray asked if there was a bus stop in front of 630 or 660 Bay Blvd. At Associate Planner Miller's request, Ms. Rios (the applicant) said she had been talking with Chula Vista Transit to try to get buses down in that area. It would also help to bring other tenants into the area. Transit would be proposing to the City Council to bring bus systems on a regular basis approximately 10 times a day to the corner of "J" Street and Bay Boulevard to start July 1. Associate Planner Miller stated that as a condition of approval, the applicant was also required to install 8 bicycle parking stalls. MSUC (Carson/Tuchscher) 5-0 (Fuller and Moot excused) that the project would have no environmental impacts and adopt the Negative Declaration on IS-93-28. MS (Carson/Ray) to adopt Resolution No. PCC-93-26 recommending that City Council approve Conditional Use Permit 93-26, subject to the conditions contained in the draft City Council resolution, based on the findings contained therein and subject to the adoption of the required Coastal Development Permit to allow subject use in the General Industrial Zone as a conditional use, and to add a condition that curbs at both entrances be painted red and signs posted. Commissioner Ray felt the facilities would grow rapidly, and asked if it would be feasible as part of the conditional use permit to have a Zoning Administrator review or Traffic Engineer review at six months or a year to make a determination as to whether the parking had remained adequate. Assistant Planning Director Lee said it could be added, but the College was limited to 150, and if they proposed an expansion, the parking would have been considered. Commissioner Ray was concerned with the parking ratio, believing most of the vehicles would be single-occupied and the number of spaces would be inadequate. Assistant Attorney Rudolf advised that the parking issue was treated as a separate issue from the conditional use permit. Under the ordinances, because there was no comparable use in Chapter 19.62, the Commission establishes the proper parking. If the Commission made a finding based on staff's recommendation that the 85 spaces were an appropriate requirement for that, that in effect becomes an ordinance requirement for parking and not an issue as a condition of the conditional use permit. Mr. Rudolf said the Commission was capable of changing the number of spaces, as long as there is some reasonable basis of saying that something more than 85 was appropriate. PC Minutes -9- April 28, 1993 Commissioner Tarantino was under the impression that all 150 students would not be utilizing the plant on the same two days. The applicant clarified there would be up to 150 students per night, with no more than 300 students enrolled. Discussion continued regarding the parking ratio, and the ratio used at other schools. Assistant Planning Director Lee noted that the permit would be subject to any and all new, modified, or deleted conditions imposed after approval of the permit. If there is a parking problem, staff would meet with the applicant to come up with a solution. If not, the problem would be back before the Commission for them to address. Answering Commissioner Ray, Mr. Lee said the vehicle to signal a parking problem would be by complaints. Staff could monitor the situation and report back in three or six months. Commissioner Tuchscher noted the applicant had in excess of the 85 parking spaces required, in addition to reciprocal parking, along with street parking. He was comfortable with the parking situation. At Mr. Miller's suggestion, Commissioner Tuchscher felt it was premature to enter into a reciprocal agreement at this time. He recommended that the project as recommended by staff be approved. Assistant City Attorney Rudolf clarified that there would be no more than 150 students and 10 staff per day of operation. It should be made clear when granting the conditional use permit. He suggested that No. 1 in the resolution be changed to read "improve the project site with the project for a maximum of 150 students and 10 staff on any day of operation by the educational facility." He asked if that was acceptable to the applicant. The applicant concurred. Commissioner Carson asked if that included Saturday. Mr. Rudolf answered affirmatively. Commissioner Carson amended her motion to read as follows. The second agreed. AMENDED MOTION: To adopt Resolution No. PCC-93-26 recommending that City Council approve Conditional Use Permit 93-26, subject to the conditions contained in the draft City Council resolution, based on the findings contained therein and subject to the adoption of the required Coastal Development Permit to allow subject use in the General Industrial Zone as a conditional use, and to add a condition that curbs at both entrances be painted red and signs posted, and amending condition no. 1 in the resolution to read "improve the project site with the project for a maximum of 150 students and 10 staff on any day of operation by the educational facility." Commissioner Ray reminded the Commission that they were setting a precedent for a 2:1 ratio for any educational facility that may come within the City. He asked the City Attorney if it was PC Minutes -10- April 28, 1993 feasible at this time to approve the motion and have staff get back to the Commission after contacting some of the other colleges regarding their ratio. If it was something less than the 2: 1, the Commission could go back and say this was still approved, but the ratio would be adjusted. Commissioner Tuchscher did not believe this project should be held up because of the possibility of establishing a precedent. Assistant Attorney Rudolf agreed that Commission should approve this project; find that 85 is adequate--2:1 ratio plus the number of teachers for this project; have staff report back to the Commission in the future; if as a result of that information the ratio was too low, take the other information and not treat this as a precedent. Commissioner Ray asked that the Commission amend the motion to say 113 parking spaces, and not address the ratio until staff could return to the Commission. Assistant City Attorney Rudolf said that would in effect amend the proposed Resolution No. PCC-93-26 to read "Be it further resolved that pursuant to 19.54.050, the Planning Commission finds the project requires 85 113 off-street parking spaces." Assistant Planning Director Lee did not feel the Commission was establishing a precedent. There were a number of issues which may not be the same issues if addressing another facility at another location. He said it was not the type of situation being dealt with on a daily basis. Each project in each location had its own uniqueness that needed to be looked at. Chair Martin, after reviewing the motion, stated he would vote for the project. Commissioner Tarantino asked for clarification regarding whether the motion contained painting the curbs red. The maker of the motion said the curbs should be painted red. Commissioner Ray said that in light of the previous comments, he would vote against it, because he felt they were setting a precedent for future projects of this type, unless a motion was entertained to eliminate any conversation within the text of ratio and include some verbiage that would state that 113 parking spaces were adequate. VOTE: 4-1 (Commissioner Ray voted against; Commissioners Fuller and Moot excused) Commissioner Tuchscher asked for confirmation that approval had been received from the State Coastal Commission. The applicant confirmed. MSUC (Tuchscher/Ray) 5-0 (Fuller and Moot excused) recommending that a memo be drafted to Council, to be executed by the Planning Commission Chair, asking the Council to favorably consider re-routing transit to this corner, when the item is brought before them. PC Minutes -11- April 28, 1993 DIRECTOR'S REPORT Assistant Planning Director Lee noted that because of all the discussion which had been going on regarding the ama around the Otay Lakes, staff had secured an aerial photo and had placed an overlay of the land uses on the aerial photo. He showed slides to the Commissioners which indicated where development was proposed. This would benefit the Commissioners at their next meeting on Otay Ranch. COMMISSION COMMENTS Commissioner Ray noted that a gentleman in the audience had come forward at the end of the public hearing for the library. He was a resident in the area and strongly favored placing a sub- station at the library or somehow limiting access to the building. ADJOURNMENT at 8:35 p.m. to the Special Meeting of the Joint Chula Vista Planning Commission/County Planning Commission on Saturday, May 8, 1993, at 8:00 a.m. in the Council Chambers; to the Special Joint Chula Vista Planning Commission/County Planning Commission meeting on Tuesday, May 18, 1993 at 5:00 p.m. in the County DPLU; and to the Regular Planning Commission Business Meeting on May 26, 1993, at 7:00 p.m. in the Council Chambers. ~l~ncy Rip{ey, ~c~etary Planning Commission (4 28 93 min)