HomeMy WebLinkAboutPlanning Comm min 1991/06/12 Tape: 324
Side: 1
MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m. Council Chambers
Wednesday, June 12, 1991 Public Services Building
COMMISSIONERS PRESENT: Chair Grasser Horton, Commissioners Carson,
Casillas, Decker, Fuller, Martin, and Tugenberg
COMMISSIONERS ABSENT: None
STAFF PRESENT: Assistant Planning Director Lee, Associate Planner
Barbara Reid, Sr, Civil Engineer Ullrich,
Community Development Specialist Abbott,
Assistant City Attorney Fritsch
PLEDGE OF ALLEGIANCE - SILENT PRAYER
The pledge of allegiance to the flag was led by Chair Grasser Horton and was followed by a
moment of silent prayer.
INTRODUCTORY REMARK.q
Chair Grasser Horton reviewed the composition of the Planning Commission, its responsibilities
and the format of the meeting.
APPROVAL OF MINUTES Meetings of March 27 and May 8, 1991
MSC (Deeker/Carson) 6-0-1 (Commissioner Tugenberg abstained) to approve the minutes of
March 27, 1991, as submitted.
MSC (Decker/Fuller) 6-0-1 (Commissioner Martin abstained) to approve the minutes of May 8,
1991, as submitted.
ORAL COMMUNICATIONS - None
Planning Commission ~2- June 12, 1991
ITEM 1: CONSIDERATION OF PROPOSED AMENDMENTS TO MITIGATION
MONITORING PROGRAM FOR EIR-89-10, RANCHO DEL REY SPA III
Associate Planner Reid stated that the Mitigation Monitoring Program for Rancho del Rey SPA
III was adopted at the same time of certification of the Final Supplemental EIR on November 14,
1990, by the Planning Commission and in January 1991 by Council. The changes included in
the proposed Amended Mitigation Monitoring Program included removal of all references to a
specific EIR consultant, correction of sections inconsistent with the EIR, and more specific
language regarding mitigation for gnatcatcher habitat. Additionally, the Commission had
received before the meeting language including vernal pool mitigation and monitoring to be
added.
Staff recommended that the Planning Commission adopt and arecommend that Council adopt the
Amended Mitigation Monitoring Program for Rancho del Rey SPA III.
Commissioner Tugenberg suggested that with the City moving east, the City should possibly
obtain an additional monitoring station for air quality.
MSUC (Fuller/Decker) 7-0 that the Planning Commission adopt and recommend that the Council
adopt the Amended Mitigation Monitoring Program for Rancho del Rey SPA III.
ITEM 2: REPORT ON AMENDMENT #1 TO THE SOUTHWEST REDEVELOPMENT
PROJECT AREA, PRELIMINARY REPORT AND NEGATIVE
DECLARATION IS-91-36
Community Development Specialist Abbott stated that in November 1990, the City Council and
Redevelopment Agency adopted the Redevelopment Plan and boundaries for the Southwest
Redevelopment Project Area. He identified the areas to be added to the redevelopment area,
and discussed the planned uses of the property.
Chair Grasser Horton noted the Montgomery Planning Committee and the Resource
Conservation Commission comments were not included in the packet. Mr. Abbott answered that
the minutes were not ready, but on June 5, 1991, the Montgomery Planning Committee voted
4-2-0 in favor of the Negative Declaration and unanimously in favor of the Plan. The Resource
Conservation Commission was scheduled to review the Negative Declaration, but did not have
a quorum.
Chair Grasser Horton asked about the Southwest Redevelopment Project Area Committee. Mr.
Abbott replied that the Southwest Redevelopment Project Area Committee had reviewed the plan
and amendment area on June 3, 1991, and voted unanimously in favor of the amendment area.
Commissioner Casillas asked what had been the reaction of the seven adjacent property owners.
Mr. Abbott explained that staff had been required under State law to mail certified mail notices
to all the property owners, both in the larger project area and in the amendment area. There
Planning Commission -3- June 12, 1991
had been no specific written or oral responses from the property owners to date. Staffhad been
in contact with them, and they were aware that the area was being included in the shopping
center development; Pacific Scene was in the process of contacting them, and staff would be
discussing with them the possible purchase of their property and relocation.
Commissioner Martin asked if there was any plan for Palomar Street expansion. Community
Development Specialist Abbott answered that there were plans for widening of Palomar and for
signalization along Palomar. It was being addressed by an expanded EIR to include not only
the original area for the shopping center, but also the expanded area which included the
amendment area as far as the corner of Broadway.
Commissioner Martin suggested that Anita Street be somehow used to eliminate some of the
traffic on Palomar. Mr. Abbott said that Jayken Way was being studied possibly as a truck
route. It was possible that Anita Street would be studied in conjunction with it.
Commissioner Martin asked how the City named streets. Assistant Director Lee explained the
procedure. Commissioner Martin suggested that a street be named in memory of Mayor
McCandliss. Assistant Director Lee answered that it could be considered in an area more in
keeping with that.
Commissioner Carson asked when a mechanism may be in place to require payment of fees over
and above the State-mandated fees (regarding schools); had it been placed as a high priority, or
was it on the back burner.
Mr. Abbott said, regarding the project area, staff was in the process and had substantially
concluded agreements with the Chula Vista Elementary and Sweetwater Union School Districts,
and also the County Office of Education that would give them some of the proceeds from the
redevelopment funds generated by those areas.
Chair Grasser Horton asked if construction operations were limited to weekday hours. Mr.
Abbott answered in the affirmative.
MSUC (Casillas/Fuller) 7-0 to recommend approval of Amendment Number 1 to the Southwest
Redevelopment Project Area, and certifying Negative Declaration IS-91-36.
Planning Commission -4- June 12, 1991
ITEM 3: PUBLIC HEARING: PCS-91-04 - CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR EAST PALOMAR ESTATES, CHULA VISTA
TRACT 91-04 - United Enterprises, Limited
Assistant Planning Director Lee gave the location of the site and a description of the land uses
in the immediate vicinity. He noted that each of the two panhandle areas would be required to
provide three off-street parking spaces in addition to their two-car garages, and noted other
conditions in the report. Staff recommended approval subject to the conditions and findings
listed in the report. Mr. Lee said that traditionally the applicant would be required to reach
agreement with the Chula Vista and Sweetwater Union School Districts relating to adequate
school facilities prior to approval of final map. On this particular project, the applicant would
either be paying the school fees or participating in a Mello-Roos.
Chair Grasser Horton asked whether "enriched paving" was decorative paving. Mr. Lee
answered that it was to identify the entry areas as a common drive, and there was a variety of
different types of material which could be utilized.
In answer to Commissioner Decker's query, Mr. ~ said the maintenance of the paving was
handled by the homeowners directly affected by that. Most of the area would be concrete except
for the use of the decorative material at the entry.
Commissioner Martin was concerned with threshold standard compliance regarding parks and
recreation. Assistant Director Lee answered that the environmental review process reviewed the
amount of park acreage in existence in a given service area. In this case, the applicant would
pay the park fees which would provide community parks as opposed to a neighborhood facility.
Commissioner Martin was interested in which park the subdivision would use. Several parks
were mentioned; however, Mr. Lee said no additional park acreage would be dedicated.
Commissioner Carson asked the approximate size of the lots which surrounded the project. Mr.
Lee answered that they were zoned R-I, typically in the 7,000 sq. ft. range; however, there
could be some larger lots near the end of the cul-de-sacs. In the project, none of the lots were
below 7,000 sq. ft.
Commissioner Carson was concerned that there was no condition regarding water in the
Negative Declaration, on page 3. Mr. Lee said the project was located in the Sweetwater
District, and Council had indicated they wanted staff to proceed working with the Water District
to arrive at a solution, regionally and Countywide. Council had not proceeded with any specific
conditions relating to the smaller subdivisions and individual lots. There had not been a fee
established.
Commissioner Carson concluded that without a condition regarding water, if a project was
developed, they would not have to offset. She asked if a condition regarding water could be
added, then removed if Council decided to proceed with a requirement for an offset program.
Planning Commission ~5- June 12, 1991
Mr. Lee said an offset program could be implemented at building permit stage and did not have
to be a condition of the map. Typically, a tentative map takes approximately 6 months before
a final map is ready for recordation. Mr. Lee said building would take place at a minimum of
8 months. The water issue should be settled by then.
Commissioner Decker asked if the Design Review Committee would insist on some form of
xeriseape without it being a recommendation. Assistant Director Lee answered that it would be
decided by the City Landscape Architect. If the Commission wished to have an emphasis on
xeriscape in the smaller subdivisions similar to that which had been imposed on the larger scale
subdivision, that could be a condition. Unlike the larger subdivisions, there would be more
individuals providing the landscaping.
Commissioner Casillas was concerned about the role of the City as a party to the CC&Rs. If
the City did not have an obligation to enforce the CC&Rs as they related to ordinance
regulation, who would enforce them. Assistant Attorney Fritsch answered that the City had a
right to enforce them, but was not obligated to. She felt the condition gave the residents an
additional civil remedy so that, if necessary, they could actually enforce the CC&Rs themselves,
but does not detract from the remedies the City already has. The City already has ordinances
speaking to those issues.
Commissioner Fuller asked if, under the Negative Declaration, the applicant must agree to no
net increase in water consumption or participate in whatever water fee offsite program the City
has in effect at the time of building permit issuance. It wouldn't need to be added as a condition
of approval.
Mr. Lee said each document is reviewed at the building permit stage to see if they are in
compliance with the Negative Declaration or Mitigated Negative Declaration.
This being the time and the place as advertised, the public hearing was opened.
Don Ayles, ERV Engineering, 13260 Poway Road, Poway 92060 representing the developers,
said it was their understanding that by the time building permits were ready to be issued, they
would have to comply. They had agreed to comply with the ordinance in effect at the time.
Regarding Conditions 'T' and""
m , he asked that the dedication to the City for street widening
and easements be part of the map rather than a separate document. He requested that the
wording "... or as dedicated on the map" be added after the words "separate document." Mr.
Ayles asked for approval of the project.
Answering Commissioner Decker, Mr. Ayles said they did not any object to using xeriscape
whenever possible.
Therese A. Petermichel, 1300 Park Drive, Chula Vista spoke in favor of the project. She
reported some of the problems the neighborhood had experienced with the empty lot. Ms.
Petermichel said the park behind the cul-de-sac was dangerous; there was a recent fire in the
Planning Commission -6- June 12, 1991
empty lot on the other side of the park which she thought was probably the responsibility of the
City.
Chair Grasser Horton asked if the fire was because of weeds. Ms. Petermichel concurred.
Commissioner Martin asked if there was a ball field, barbecue pits, or tables in the park. Ms.
Petermichel answered that previously there had been, but not anymore because it was destroyed.
Robert Spriggs, 7777 Alvarado Road #621, La Mesa, representing the developer and home
builder, said he was there to answer any questions.
Commissioner Fuller asked if the petitioners had been contacted and their concerns resolved.
Mr. Spriggs said he hail responded to the petitioners by letter, and they were invited to come
to his office. Mrs. White had come regarding a view situation, and it had been worked out.
None of the other petitioners commented or inquired. Mr, Spriggs said he had attended the
Chula Vista Elementary School meeting, and this project along with three other projects were
unanimously incorporated into a special Mello-Roos district.
Commissioner Decker asked if the alleys would be red curbed. Mr. Spriggs said they would
be marked red and also posted. There would not be a homeowners association, but they would
be maintained under a CC&R arrangement. The street would be maintained under a joint use
agreement.
Barbara Felvor, 1272 Pecan Place, Chula Vista said she was concerned about the density. She
agreed that the empty lot had been a dangerous place for the children for years. She was also
concerned about drainage and the grading. Ms. Felvor asked if the area would be fenced; if
there would be access to the path just east of the development.
Assistant Planning Director Lee explained how the area would be graded; the fencing would
normally be left up to the individual homeowner.
Ms. Felvor said the park had been nice at one time, but she had quit going because of drug
activities.
No one else wishing to speak, the public hearing was closed.
Commissioner Decker asked that the words "any developer-installed landscaping shall subscribe
to xeriscaping principles whenever possible" be added to condition "c."
Assistant Planning Director Lee suggested that the Commission consider adding language as
follows: "Prior to the approval of the final map, the applicant shall comply with any City or
regional fee or water offset program that has been adopted."
Commissioner Tugenberg asked that conditions be added to read:
Planning Commission -7- June 12, 1991
"The applicant must agree to no net increase in water consumption or participate in
whatever water conservation or fee offsite program the City of Chula Vista has in effect
at the time of building permit issuance."
"The CC&Rs shall contain a provision prohibiting the parking of RV vehicles on
driveways, front lawns, or on their property in any shape or manner, including all types
of RVs."
Commissioner Tugenberg said the City Council had a great concern that the RVs were
destroying the appearance of the City, and the CC&Rs had contained this in most of the larger
developments. He believed anything over 10 was a large development and the CC&Rs should
preclude the parking of RVs on the property. The City would have a list which defined what
RVs were.
Mr. Spriggs returned to the microphone to clarify that the additional condition regarding water
would be at the building permit stage rather than map stage. They preferred the building permit
stage. Assistant Planning Director Lee concurred that the building permit stage would be
agreeable as long as they entered into an agreement.
Commissioner Fuller requested that the engineering questions regarding conditions 'T' and "m"
be discussed. Senior Civil Engineer Ullrich explained the issue regarding the easements and
dedication on the map in lieu of a separate document. Typically, the dedication statement is
signed on the map and the developer has actually entered into the agreement to dedicate so that
when Council considers the map, it has already been granted to the City and the Council only
needs to accept it. The improvements to be installed in the street will meet the existing
facilities. Regarding drainage, it would be considered during the grading plan cheek and is very
carefully reviewed to make sure there is no problem from that grading.
Commissioner Martin discussed the various parks in the area, and thought the rough land next
to Orange/Rienstra Park could be accommodated as part of the park for barbeques, etc. The
plan was very nice, but he was concerned about an additional burden on Palomar Park which
was already being used by an unwelcome element. He suggested that the area between
Orange/Rienstra and the SDG&E easement be developed.
Mr. Lee noted that in this case the applicant was required to pay the fees which would be used
somewhere in the community, either in a neighborhood park facility or one of the community
facilities. He asked if Commissioner Martin would stop by his office during the next week to
identify the property and find out if there was an opportunity in that particular area.
MSC (Tugenberg/Carson) 6-1 (Commissioner Martin against) that based on the Initial Study and
comments on the Initial Study and Negative Declaration, find that this project will have no
significant environmental impacts and adopt the Negative Declaration issued on IS-91-35.
Planning Commission -8- June 12, 1991
MSC (Tugenberg/Carson) 6-1 (Commissioner Martin against) that based on the findings
contained in Section "D" of the report, recommend that the City Council approve the tentative
subdivision map for East Palomar Estates, Chula Vista Tract 91-04, subject to conditions 'a'
through 'z', in addition to the following:
Include in condition 'c' that any developer-installed landscaping shall prescribe to
xeriscaping principles whenever possible.
Add as new conditions:
aa. The applicant shall enter into an agreement with the City providing for a no net
increase in water consumption or participate in whatever water conservation or
fee offsite program the City of Chula Vista has in effect at the time of building
permit issuance.
bb. The CC&Rs shall contain a provision prohibiting the parking of any RV-type
vehicles (including campers, boats, and trailers) on any portion of the lots
including driveways.
Chair Grasser Horton informed the audience that if they were concerned about parks and wished
to address the Commission, they were welcome to speak under "Oral Communications." She
also noted that the City has a Parks Commission.
DIRECTOR'S REPORT
Assistant Planning Director Lee noted the next session was the Commission's workshop and it
was a dinner meeting. Different examples of grading and landscaping in the area would be
presented. Commissioner Tugenberg asked that John Lippitt, Director of Public Works, attend
the meeting.
In addition, the June 26 meeting only had one item which Mr. Lee felt would be brief. He
asked if the Commission would consider a 5:00 meeting rather than a 7:00 meeting. The
Commissioners agreed.
COMMISSION COMMENTS
Commissioner Tugenberg asked if the City of Chula Vista recycled paper. Mr. Lee answered
that the City was in the process of instituting a recycling program. Mr. Tugenberg suggested
that a container be available after meetings to deposit the paper.
Chair Grasser Horton asked if the City had a weed abatement officer. Mr. Lee answered that
there was a weed abatement program through the Fire Department. He believed the area
Planning Commission -9- June 12, 1991
referred to was within the SDG&E easement. The Fire Department notifies SDG&E when there
is a problem.
Commissioner Casillas asked for a copy of the report regarding generation of students.
ADJOURNMENT AT 8:25 p.m. to the Study Session Meeting of June 19, 1991, at 5:00 p.m.
in Conference Rooms 2 & 3.
iqaney Ripley~, Secretary
Planning Commission