HomeMy WebLinkAboutPlanning Comm min 1996/12/11 MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
7:33 p.m. Public Services Building
Wednesday, December 11, 1996 276 Fourth Avenue, Chula Vista
ROLL CALL
COMMISSIONERS PRESENT: Chair Tarantino, Commissioners Thomas,
Tuchscher (7:33), and Willett
COMMISSIONERS ABSENT: Commissioners Davis and Ray
STAFF PRESENT: Assistant Planning Director Lee, Senior Planner
Manganelli, Associate Planner Hernandez,
Associate Planner Reid, Assistant Planner Pedder
Pease, Senior Civil Engineer Goldkamp, Assistant
City Attorney Googins
PLEDGE OF ALLEGIANCE
Chair Tarantino led in the pledge of allegiance to the flag and a moment of silent prayer.
MOTION TO EXCUSE
MSC (Thomas/Tuchscher) 4-0 to excuse Commissioner Davis because of a conflict of
interest on the Rancho del Rey project. In addition, Commissioner Ray had called to say he
would be late, and may not be able to attend the meeting.
INTRODUCTORY REMARKS
Chair Tarantino reviewed the composition of the Planning Commission, its responsibilities and
the format of the meeting.
APPROVAL OF MINUTES
MSC (Willett/Thomas) 4-0 to approve the Planning Commission minutes for the meeting
of November 13, 1996.
ORAL COMMUNICATIONS - None
PC Minutes -2- December 11, 1996
ITEM 1: PUBLIC HEARING: SUPS-96-06; REQUEST FOR A CONDITIONAL USE
PERMIT TO CONTINUE OPERATING A TEMPORARY TRUCK
TERMINAL/TRAILER STORAGE YARD AT 2400 FAIVRE STREET -
California Multi-Modal, Inc. and H.G. Fenton Materials Company (continued
from the meeting of 11-13-96)
Assistant Planning Director Lee reported that since there were a number of details to be worked
out regarding a drainage structure going through the property and the need for the City to secure
an easement, Mr. Fenton had requested that this item be continued until January 22, 1997.
There were some residents in attendance who had been given the name of the project planner,
in case they wished to contact him.
Chair Tarantino noted he had two requests to speak, George Solis and Julian Garcia, who were
not in attendance. Mr. Lee believed they were part of the group he had spoken with.
MSC (Tuchscher/Willett) 4-0 to continue SUPS-96-06 to January 2~, 1997.
Chair Tarantino then requested that Item 4 regarding the update on the San Miguel Ranch project
be taken out of sequence
ITEM 4: UPDATE ON SAN MIGUEL RANCH FOR COUNCIL CONSIDERATION.
Senior Planner Manganelli reported that two conditions recommended by staff and approved by
the Commission required the area designated Low density have minimum lot sizes of 20,000 sq.
ft. for at least 50% of the lots; and the second condition, the M area, required a maximum
density of six dwelling units per acre, with a similar situation on the Proctor Valley Plan. The
applicant's engineer and designer had tested the plan to see if they could actually get the yield
of 1394 that was approved and found they could not. Staff concurred and was recommending
to City Council a change in Condition 5 stating that the density designated Medium would be
at a maximum of 7 dwelling units rather than 6; and Condition 8 designated Low would be
developed at the R-E standards, which require a 20,000 sq. ft. lot but a maximum of 25% of
those lots could go down to 15,000 sq. ft. as long as the overall density was at the General Plan
requirement. The applicant was concurring with the Commission's decision of 1394 and had
agreed to provide a minimum 3-acre private park to be mn by the homeowners association to
provide a focal point and activity center for that area. Staff was reporting the changes to the
Planning Commission since it was a little different from that approved.
Commissioner Willett asked where the recreation unit would be located. Mr. Manganelli replied
that it would be in the M area. It would be designated as part of the SPA Plan.
Commissioner Willett asked if there was any recommendation for the L and L-M on the west
side of SR-125. Mr. Manganelli said those would be minimum 7,000 sq. ft. lots which would
PC Minutes -3- December 11, 1996
be large enough to provide good sized yards and play areas. The M area, which would have
a smaller lot product, could use a small park.
Commissioner Tuchscher understood this was advisory to the Commission and no action was
required. Staff would recommend the modifications to the Council, and the recommendation
relative to the project had changed since it had come before the Commission. Mr. Manganelli
confirmed.
Commissioner Tuchscher stated that he appreciated being advised, and he thought staff's position
was warranted and was something he would back informally as it moved forward.
Commissioners Tuchscher, Thomas, and Willett agreed.
Chair Tarantino noted that if the City Attorney agreed, he would take items 2 and 3
concurrently, even though the Commission would be voting on the items separately. Attorney
Googins said that the concurrent public hearing would be appropriate. Individual action on the
items could be taken as they are presented.
ITEM 2: PUBLIC HEARING: Consideration of the following applications filed by Rancho
Del Rey Investors L.P. for 28.8 acres located on the south side of East 'J' Street
within Paseo Ranchero and Vaquero Court within the Rancho Del Rey SPA III
Planned Community:
a. PCM-97-01: Consideration of amendments to the Rancho Del Rey SPA
III Sectional Planning Ama (SPA) Plan, General Development Plan,
Planned Community District Regulations, Air Quality Improvement Plan
and Water Conservation Plan to allow a 58 unit density transfer from
Parcel R-7c to Parcel R-6.
b. PCS-97-01: Tentative Subdivision Map for 25.8 acres at Rancho Del Rey
SPA III, Chula Vista Tract 97-01.
ITEM 3: PUBLIC HEARING: DRC-97-01: Consideration of an appeal filed by Rancho
Del Rey Investors L.P. of a Design Review Committee decision to deny approval
of the site plan and architecture for a proposal to build 246 units on 15.2 acres
on the south side of East 'J' Street within the Rancho Del Rey SPA III Planned
Community
Assistant Planning Director Lee introduced the project manager, Luis Hernandez, who would
discuss the issues relating to the SPA and the tentative map, and Ann Pedder Pease who handled
design review through the Design Review Commission who would explain the Committee's
review and their action. There were some basic differences which were fairly significant, which
were unresolved. Staff felt there were problems with the setbacks relating to the buildings, the
ability to landscape, and inadequate pedestrian system. Mr. Lee noted that staff was not
PC Minutes -4- December 11, 1996
opposed to some transfer of density. About 30 units as opposed to 58 being proposed onto this
site could be transferred and meet staff's concerns. The Design Review Committee had agreed
with staff's analysis and offered a continuance of the item for the applicant to try to work out
those details and come up with a modified plan that would address those issues. The applicant
indicated that that was not acceptable; they needed a decision and needed to get this moving
foiward through the Planning Commission and City Council.
Associate Planner Hernandez pointed out some changes which had been made since the staff
report had been sent to the Planning Commission. He then made a presentation relating to the
SPA amendment comments, tentative map comments, and general remarks on the overall
development proposal. Mr. Hernandez noted that the SPA amendment and the tentative map
process might involve a detailed analysis of the site design. However, the Specific Plan criteria
for allowing density transfers required that as a result of the density transfer, the spatial
arrangement and functional relationship of the site plan components be substantially improved
as a result of the density transfer. Staff had not been able to make that finding, primarily
because after reviewing the site design, they had encountered a number of deficiencies in terms
of the functionality and the amenities in design that are directly linked to the increase in density.
For these reasons and the issues that Ms. Pedder Pease would discuss regarding the design of
the project and some of the aspects that staff had been unable to resolve with the applicant, staff
recommended that the SPA amendment and the tentative subdivision be denied. Conditions had
been included, however, if the Planning Commission deemed it appropriate to approve the
project.
Ann Pedder Pease stated that the Design Review Committee on November 18 met to consider
the site plan and architecture, using the City's Design Manual and Design Guidelines of the
Rancho del Rey SPA Plan. The tentative map, SPA Plan, and density transfer were not
considered. The Committee agreed with staff that the amhitecture was in accordance with the
requirements of the Design Manual. She noted that the second floor in each instance overhung
the first or garage floor of the buildings. Regarding the site plan, the major concern on the part
of the Design Review Committee was a requirement of the Design Manual that a project such
as this have a coherent pedestrian walkway system. The system as first proposed to the
Committee lacked continuity and did not link dwelling units. The applicant had attempted to add
some additional pedestrian walkway to give more coherence to the system, but still did not
address the other issues pointed out by the Design Review Committee: the areas immediately
adjacent to the walkways were not conducive, often not landscaped, frequently bordering a
fence, and still did not provide for full linkage of all the features of the project. Ms. Pedder
Pease went on to explain other findings required in the Design Manual which had not been met.
Regarding transfer of units, the Design Review Committee was anxious to see what kind of
solution the applicant could reach which would transfer some units and still meet all of the
concerns that had been outlined by the Committee.
Assistant Planning Director Lee noted that the applicant was planning for the walkway to be 4'
in width, which would only leave 3' of landscaping on either side.
PC Minutes -5- December 1 I, 1996
Commissioner Willett had visited Serena and had visited the houses being built across the street.
He shared the concerns of staff regarding security. There was no visibility from the street to
either of the entrances. He was concerned that the children would play in the driveways and
drivers would not be able to see them in time to stop. He questioned the turning radius of the
larger fire trucks on the streets and if the Fire Department had approved them.
This being the time and the place as advertised, the public hearing was opened.
Craig Fukuyama, McMillin Companies and Rancho del Rey Investors L.P., 2727 Hoover
Avenue, National City, representing the owner, said they were trying to bring to the area
another quality product, an entry-level product. The higher density and greater number of units
would allow the cost distribution to be done on a less-per-unit allocation and a more affordable
the product. There was a mandate in their plan not only for aesthetics, but to secure housing
affordability, housing variety, and to have an absence of entry-level housing in Rancho del Rey
was as much a violation of their goals and objectives as aesthetics would be. Mr. Fukuyama
noted that they had an entry-level product and, therefore, did not have all the glitz and glamour
that would be in a more upscale-type product. They were trying to create an affordable product.
He discussed the sidewalk width, security, landscaping, recreation and activity areas, staff's
concern regarding the double-loaded street system, recreation areas, circulation system, and
pedestrian system. He compared the proposed project to pictures taken of the Serena project
which would be comparable to the landscaping proposed and building separation.
Russ Haley, 10721 Treena St., SD, representing Shea Homes, the guest builder for the project,
said they were building a triplex product and showed slides of the architecture, yard space, and
elevation.
Peter Reeb, Reeb Development Consulting, 13601 Etude Road, SD, had conducted a market
feasibility study for the project, analyzing the site, supply, and demand. Currently, there was
no attached for-sale product in Rancho del Rey, which limited the overall size of the market they
had to appeal to. Not having an attached product in the community left a void in the
marketplace. During the past few years the ratio of attached sales to detached sales had been
declining because there had been fewer attached projects approved and fewer builders building
attached products primarily because of construction issues. Outside of Rancho del Rey, there
were only four condo and townhome projects that were actively selling in master planned
communities in the Chula Vista area. Within those four projects, there were only about 70 units
left. Those four projects should be sold out by mid-1997. Rancho del Rey currently had under
construction a duplex product which would be on the market at that time. Beyond that, there
would be nothing in the marketplace for entry-level buyers. He discussed the prices of the
homes and the demand. He felt that in South County, there was a current demand in the
marketplace from 150 to 250 attached unit sales per year. There would be a large unmet
demand in the marketplace for an affordably priced attached product. Mr. Reeb noted the key
issues which made other projects, which were more dense, successful. He felt it was a good
site and setting; there was a dwindling supply of affordable product; there was strong demand;
PC Minutes -6- December 11, 1996
the product had been market tested; it filled a void in the marketplace; and it fit well within an
overall array of products being offered at Rancho del Rey.
Mr. Fukuyama returned to the podium and stated that if the Commission chose to move
forward with approval, they could come back before the Commission with revision to the
conditions. McMillin would meet with staff and possibly come to some consensus on their
differences. He requested approval of their project.
Commissioner Willett asked if, in the marketing analysis, they had estimated the number of
students who would be attending the elementary and high schools, and if they planned to attend
Chula Vista Hills. He had not seen anything in the staff report regarding the school's agreement
regarding the number of students they could handle.
Associate Planner Hernandez stated that the School District had sent a letter indicating that the
school needs had been satisfied by the school that would potentially be built across Paseo
Ranchero. Answering Commissioner Willett, Mr. Hernandez stated that the school had not said
it would be built, but it could be satisfied with that site.
Commissioner Willett said that took care of the high school, but not the elementary school. Mr.
Fukuyama stated that he believed there was an elementary school site that the School District
owned on the southwest corner of Paseo Ranchero and "J" Street.
Commissioner Willett asked if the Fire Department had taken a look at the area. It was a one-
entrance unit. Mr. Fukuyama replied that there were two entrances; there was an emergency
entrance from Buena Vista which would be gated and locked to provide emergency entrance only
to the site by the Fire Department. After meeting with the Fire Department, the emergency
entrance had been provided and Mr. Fukuyama did not think there were any other objections.
Mr. Hernandez stated that staff had also met with the Fire Department and specifically inquired
about the turning radius of the fire equipment and apparatus. They concluded that there was
sufficient room to maneuver in that specific configuration, and expressed no concern.
Chair Tarantino questioned the overhangs and the impact on the street scene. Mr. Fukuyama
stated that in the Serena Project, the streets were 24' wide. They were proposing 26' wide for
this project, so the streets themselves were 2' wider. They did overhang the streets, but he did
not think it created an objectional appearance.
Mr. Haley returned to the podium to say that there had not been a lot of attached product in the
County during the last few years because there was a liability issue now. Regarding this
product, all three units would be owned fee simple and the only thing that would be commonly
maintained would be the roof.
Commissioner Thomas commented that the school site would not be built and would probably
be used as a land swap.
PC Minutes -7- December 11, 1996
Mr. Hernandez stated that he had located the letter from the School District which stated that
the need for a school in Rancho del Rey was mitigated through a Mello-Roos and for this
particular site, they were proposing to use the Discovery Elementary School at this time.
Commissioner Tuchscher asked staff to compare Marbrisas and this project regarding the units
per acre. Mr. Hernandez stated that Marbrisas had 17.7 du/ac and this project went up to 16.1
alu/ac.
Regarding garages, Mr. Tuchscher asked if they had direct access into the units. Staff answered
positively.
Commissioner Tuchscher stated that he saw only one access to the park from the site. Assistant
Planning Director Lee said that was at the direction of the Parks & Recreation Director. They
wanted to provide access, but wanted it at a controlled location. The applicant was willing to
provide more, but the Parks Department did not want additional access. They did not want
people entering it at several different points and wanted it at a controlled point. Mr. Fukuyama
stated that Parks & Recreation had had negative experiences where they had several access
points. The problem was with park users trespassing onto the private property.
Commissioner Tuchscher felt that with the gated community, park users could not just walk into
the neighborhood. He did not see the conflict from the homeowners' standpoint; rather, on this
particular plan, the residents of the southwest units could not access the park there, although
they lived next to the park. They would have to walk back and around. Mr. Tuchscher did not
agree with that. He wanted to make sure the homeowners next door got easy access to the park.
Mr. Fukuyama said the fence was 5' tall and would not be much of a deterrent for the older
children. If someone wanted to jump the fence, they would get in anyway. McMillin's
preference was for more entrances, but respected the wishes of the Parks & Recreation Director.
Answering Commissioner Tuchscher, regarding roofing materials, Mr. Fukuyama stated they
would use concrete tile.
Commissioner Tuchscher asked Mr. Reeb the historic percentage of multi-family for-sale product
in San Diego County. Mr. Reeb said in San Diego it was about 1/3 of the total market. Today
it was closer to 25%. The decline had been the result of fewer projects on the market.
Countywide, four years ago, there were probably about 100 attached projects on the market;
today there was less than 40 Countywide. In South County, four years ago had 12 active
projects; throughout all of South County presently, there were only six. Mr. Reeb said he was
just referring to for-sale product; if apartments were included in the mix, in the 1980's about
1/2 of all the product built was attached product, including apartments. Today, there is virtually
no apartment construction going on.
Commissioner Tuchscher said it was clear to him that there was a market out there that needed
to be served.
PC Minutes -8- December 11, 1996
Commissioner Tuchscher asked Mr. Fukuyama if the landscaping would be similar to the
landscaping at Serena, if similar types of shrubbery would be used. Mr. Fukuyama stated that
it was. The concept plans submitted in the plant pallet would mature to the level of the
shrubbery at Serena.
Commissioner Willett, referring to the school, asked how the students would get to the Chula
Vista Hills Elementary School. Mr. Fukuyama said they would walk from the project, through
the park, to the back of the school. The remainder of the students going to the middle school
would walk the same route to the new middle school. There were two entrances, one for the
cars and one for the children to walk through. Mr. Fukuyama said the neighbors did not want
vehicular connection, which was the reason for terminating "J" Street, but they did want the
ability to go from their project to the schools.
Commissioner Tuchscher asked the radius of noticing. Mr. Hernandez stated it was 1,000 ft.
Mr. Tuchscher wanted to know the count and if there were any town meetings. While Mr.
Hemandez researched the files, Mr. Lee stated that public forums had been held and a very
limited number of people attended. There was very little concern over the design; there were
some initial comments relating to the transfer, but more interest in the affordable housing project
on the adjacent site. No one was in attendance at the Design Review Committee meeting.
Commissioner Tuchscher asked approximately how many people attended the public forum on
this project. Mr. Lee answered that there were three or four separate homeowners.
Ms. Pedder Pease, answering Commissioner Tuchscher's previous question, said that an estimate
of the mailing labels in the file was that about 360 homeowners received notice.
Commissioner Tuchscher asked the City Attorney if it created a problem to leave the public
hearing open during deliberations so the Commissioners could ask the applicant additional
questions. Attorney Googins said it would not create a problem for the City Attorney's office.
Commissioner Tuchscher asked the Chairman to leave the public hearing open. Chair Tarantino
asked if anyone else wished to speak. Hearing no one, the Chair left the public hearing open
and asked the Commissioners to deliberate.
Commissioner Tuchscher stated that the Planning Commission did not have control over the
internal circulation of the site. However, on this project, they were dealing with internal
circulation, pedestrian versus vehicular interaction and circulation. He asked staff why.
Mr~ Lee said it was the function of the Design Review Committee to review the site plan and
architecture as a package, including pedestrian flow and the arrangement of parking stalls. Staff
interfaced with Engineering to get comment on the traffic flow. In this particular case, it was
an appeal so it was coming to the Planning Commission.
PC Minutes -9- December 11, 1996
Colnmissioner Tuchscher said it was the general impression that the scale of the project, in light
of the issues addressed in the staff report and in the negative report, it did not seem that any of
the issues were insurmountable or unlivable. The pedestrian walkways had been addressed; Mr.
Tuchscher had stated his concern regarding landscaping; regarding entrances, the direct access
from the garages had solved a lot of his security concerns and he would lilce to hear what the
security issues were on where the entrances were located; regarding privacy, the close proximity
of the entrances was not unreasonable from a high density residential standpoint. He thought
that was livable and not a major negative from a buyer or a City planning design/land use
standpoint. He asked that staff address the two issues on the entrances.
Mr. Lee stated that one of the products had a two-car garage with a direct entrance into a larger
unit; the other two units out of the triplex had a single-car garage, so the second space was one
of the parking bay spaces which meant in some cases the driver of the car could park and use
the sidewalk or sometimes would have to use a partial sidewalk or no sidewalk and walk in the
street. Staff had now received some feedback from other condo projects in terms of safety
issues and the desirability to walk in those streets. Part of staff's job was to look at those
designs and determine what they were doing that really worlced well and what were problem
areas. This project had a lot of positive points; however, the issues staff pointed out were
significant enough, and if a number of units were being transferred, it could be addressed.
Regarding front door entrances, Mr. Lee did not think it was a major issue. It was a for-sale
product with three entrances clustered in one area. There were some slight recesses to identify
those, but it was not a very attractive entrance to those units, with relatively narrow walk
systems between the buildings. Staff wanted to open it up a little, obtain a little more light in
the area, and malce it a more friendly entrance.
Chair Tarantino felt the project was an excellent project and had a lot of good things going for
it. His concern was that the Design Review Committee normally would try to worlc something
out with the applicant. That did not happen in this process. In addition, he was the Planning
Commission representative to the revision of the Design Manual. There was a lot of deliberation
during this process, and by being a part of the Committee, he felt the things that were in the
Design Manual were there for a reason. They had come up with a manual they thought was
good for the City, it was good for the quality of life, for the people that would be living in
projects. He could not support Rancho del Rey's request.
Answering Commissioner Tuchscher, Ms. Pedder Pease stated that the findings that had been
made by the Design Review Committee were that the criteria of the Design Manual had not been
met.
Commissioner Thomas asl~ed if the problem was specifically because of the transfer of the 58
units. Mr. Lee said the particular product type had some characteristics that staff felt were
workable, not necessarily the most desirable. The project was tested in terms of transferring
a limited number of units and felt the issues pointed out could be addressed adequately in staff's
opinion. Staff could support that type of density transfer. That was staff's analysis; however,
no further testing had been done.
PC Minutes -10- December 11, 1996
Commissioner Thomas stated that the applicant was requesting a 58 unit transfer; the City was
at 30 units. Mr. Lee said the applicant had a density established at about 12 du/ac which was
typical in the past for a townhouse unit. Because of market conditions and economics,
developers had been looking at different kinds of solutions than in the past, and some increases
in density, some of which could be done successfully both in a marketing standpoint but not
necessarily something that would meet all of the planning criteria.
Commissioner Thomas asked if a possible compromise could be reached as to the number of
units. Mr. Lee stated that was possible; the applicant had indicated they were at a point where
they needed that particular number of units to make this work with this particular product and
applicant. Staff had not seen any movement on their part.
Commissioner Tuchscher saw the need in the market for more affordable housing product; Chula
Vista did not have the affordability that it needed and diversity of product; this site being next
to a park was appropriate for that kind of density; since there was no opposition from adjacent
property owners, he was inclined to support the project. He did not care for the architecture.
He thought the product would probably sell; there was room in the market for it. He had been
satisfied as to what the landscaping would look like in five years. At the same time, the
applicant was looking at a negative staff recommendation and needed all four votes.
Commissioner Tuchscher asked staff what was the next step for the applicant, should they not
get a positive vote from the Planning Commission. Mr. Lee stated that the Commission was
making a recommendation to the City Council, and their recommendation, whether positive or
negative, would move forward to the City Council, with the exception of Design Review. The
applicant would have to appeal that particular action.
Attorney Googins stated that on both the SPA-related approvals and the tentative map approvals,
the Planning Commission was acting as the recommending body. That matter would proceed
to the City Council automatically. He confirmed that the DRC issue could be appealed up to
the City Council by the applicant.
Regarding the conditions presented on the exhibits which had been placed on the dais,
Commissioner Tuchscher asked if the item was defeated and the applicant appealed it to Council,
Mr. Fukuyama would have an opportunity to meet with staff. Mr. Lee stated that staff would
have time to meet with the applicant prior to the scheduled Council hearing on January 21. Staff
would have time also to go back to the Design Review Committee on January 13 and discuss
potential conditions with them, so that if Council chose on the 21st to proceed, staff would have
conditions for consideration in that regard as well.
Commissioner Thomas also felt it was a viable project and was much needed in the South Bay.
From what he understood, he would challenge the Parks & Recreation Director on the
accessibility of the park and the security issue. He did not feel comfortable overriding the staff
and DRC recommendation. He thought the project was good and would like to see it discussed
further to make it work.
PC Minutes -11- December 11, 1996
Mr. Lee said that the Planning Commission, in forwarding any recommendation to the Council,
could ask that the access to the park be evaluated at the time it went before Council. It would
give the Parks Director a chance to look at that particular issue and perhaps address it before
the Parks Commission before it went to Council.
Commissioner Thomas stated that was his intent. Commissioner Tuchscher felt that made sense
regardless of what was planned for the site.
Chair Tarantino felt a precedent had already been set in terms of what was already in the area
off of Buena Vista and Calle Santiago. There was open space and multiple access. To have it
walled off made no sense. Commissioner Tuchscher said that he lived in an area next to Rohr
Park and had to drive down Sweetwater Road in order to get there. It made no sense at all to
him.
Commissioner Tuchscher informed the Chair that he appreciated his leaving the public hearing
open, and he was ready to make the motion if the Chair wished to close the public hearing.
The Chair closed the public hearing.
MS (Tuchscher/Willett) to deny staff recommendation and support the applicant's
recommendation, footnoting the park access issue, and with staff to get with the applicant
regarding the conditions listed in Exhibit D to be brought back before the Planning
Commission at their meeting on January 8, in advance of going to Council.
Chair Tarantino asked if this motion was acceptable, or if the City Attorney wished for the items
to be separated. The Attorney stated that the motion on the floor was fine.
Commissioner Tuchscher asked if the Planning Commission agreed with staff if it automatically
threw that back for renegotiation. Chair Tarantino understood it could be appealed to the
Council. If the motion on the table was accepted, he understood that it would go to the City
Council with a positive recommendation, with an endorsement of the Commission.
Commissioner Tuchscher noted that four votes were needed to either approve or deny. Council
would get the information as to the vote, but in order to execute on the motion, all four votes
were needed. Mr. Lee confirmed.
VOTE: 2-2 (Tarantino and Thomas voted against the motion). MOTION FAILED.
Commissioner Tuchscher asked, in order to move the project to the next step, if anything else
needed to occur. Attorney Googins stated that it was the effect of the motion, or any motion
that was not carried forward with four votes, of a non action on the part of the Planning
Commission on the item. The applicant had the option, with respect to each of the items, to
either resubmit it for the Planning Commission's reconsideration or to present it to the City
Council without a formal Planning Commission recommendation and/or an appeal with respect
to the Design Review issue.
PC Minutes -12- December 11, 1996
Assistant Planning Director Lee noted that since the Planning Commission was one member
short and one member had to abstain, there would only be one additional member voting over
the next month or two, so he assumed the applicant would want to move this project on to
Council.
DIRECTOR'S COMMENTS
Mr. Lee reported on the actions taken by Council the previous evening. The zone variance for
Coin Mart had been approved for a 42' high sign, 128 sq. ft. with no fascia signs, however,
giving the applicant the ability to return to Council with the potential for two fascia signs,
maximum, if identification cannot be properly gained t~ough the rooftop sign. The open air
market on "L" Street was also approved by Council with a vote of 3-2, with a concern regarding
the major entrance into the City at the west end of the City and the image that this particular
business might portray.
Mr. Lee noted a scheduled Planning Commission workshop for the next Wednesday at 5:30 p.m.
to discuss processing, and issues raised by the Commission regarding the Otay Ranch tentative
map processing as it moved from the Planning Commission to the City Council. It would be
set up as a dinner session, so the workshop would be for an hour or 1-1/2 hour and dinner at
7:00 p.m.
Commissioner Tuchscher asked if the idea was to explain to the Planning Commission what
transpired regarding the Otay Ranch processing and how that occurred, or to clarify that issue
and then make a report to the Council. At what point did Council understand what occurred and
continues to occur regarding the Otay Ranch processing.
Mr. Lee stated that in terms of what would be reported to Council, it could be discussed at the
workshop after it was explained what process took place and the Manager's role, etc. Based on
the Commission's direction, a decision would be made there as to whether or not staff was to
be provide additional information on the Council in this regard or whether something would be
drafted for Planning Commission consideration.
Commissioner Tuchscher was concerned that policies and procedures had changed and things
had been handled differently than the norm. In his opinion, placating the Planning Commission
in the form of a workshop and explaining to them what had happened was irrelevant. What was
important in the process was that it got communicated to Council what the Commission saw and
voted on and how that is changed when they make a vote. He had no problem with staff making
changes, but he was concerned about the characterization of what the Council was seeing and
what the Planning Commission's vote was; why it was not explained to Council. He felt a
memo should be written explaining the differences between the staff recommendation when it
went to the Planning Commission and when it went to Council.
Mr. Lee explained that the City Manager had participated in a final staff recommendation to City
Council. However, in the future it would be helpful to point out in the body of the staff report
PC Minutes -13- December 11, 1996
any changes in the staff position made during the time between Planning Commission
deliberation and Council consideration.
Commissioner Thomas felt a letter needed to be sent to the Council before the January 7th
meeting. Mr. Lee stated that if anything moved forward at the January 7 meeting that affected
any action taken by the Commission, a copy of the report should be provided to them in advance
of that meeting. Staff would make an attempt to do that. He was not aware that anything would
be moving forward to that meeting.
Commissioner Thomas supported Commissioner Tuchscher in that Council should be made
aware that it was not the exact verbiage that went before the Commission, even regarding San
Miguel Ranch. It still needed to be identified that it was not the presentation that went before
the Planning Commission. Commissioner Tuchscher noted that in the past, staff had usually
noted the changes.
Commissioner Willett wanted to know what would happen if he had stood up at the Council
meeting and stated that was not the way it happened. Mr. Lee replied that Mr. Willett was a
member of the Planning Commission and if he was in attendance at a City Council meeting and
heard something that was not fact, and he wished to testify to that, he thought it could be done
in such a manner that would not create a large controversy by stating that from his recollection
that was not what happened and ask the project team to clarify for his edification and for
Council.
COMMISSIONER COMMENTS
Commissioner Willett stated that at the last Growth Management Oversight Commission, he had
spoken with Ed Batchelder who had a major project map that listed the major projects going on
in the City. Accompanying that document was another item which listed specifically each one
of the projects that staff was working on. He thought it was interesting, and had asked the
Commission secretary to supply copies for the Planning Commission.
Mr. Lee noted that these project lists would be submitted as part of the budget package to the
Council. He also stated that the Council was planning workshop meetings on the third Thursday
of each month at 4:30 for goal setting and priority setting.
ADJOURNMENT at 10:00 p.m. to the Workshop Meeting of December 18, 1996 at 5:30 p.m.
in Conference Rooms 2/3, and to the Regular Business Meeting of January 8, 1997, at 7:00 p.m.
in the Council Chambers.
Planning Commission