HomeMy WebLinkAboutPlanning Comm min 1991/02/13 Tape: 318
Side: 1
MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m. Council Chambers
Wednesday, February 13, 1991 Public Services Buildinq
ROLL CALL
COMMISSIONERS PRESENT: Chair Grasser Horton, Commissioners
Carson, Casillas, Decker, Fuller,
and Martin
COMMISSIONERS ABSENT: Commissioner Tugenberg (with
notification)
STAFF PRESENT: Planning Director Leiter, Assistant
Planning Director Lee, Senior
Planner Griffin, Senior Planner
Gray, Contract Planner Miller,
Contract Planner Frischer, Sr. Civil
Engineer Ullrich, City Traffic
Engineer Rosenberg, Assistant City
Attorney Rudolf, Consultant Carter
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 remembering
our troops in the Persian Gulf.
INTRODUCTORY REMARKS
Chair Grasser Horton reviewed the composition of the Planning
Commission, its responsibilities and the format of the meeting.
APPROVAL OF MINUTES - None
ORAL COMMUNICATIONS - None
ITEM 1: PUBLIC HEARING: VARIANCE ZAV-91-10: REQUEST TO LEGALIZE
AN EXISTING FREESTANDING POLE SIGN AT 772 THIRD AVENUE -
Hikmat Zoura
Senior Planner Griffin requested, with the applicant's concurrence,
that this item be continued to the meeting of March 13, 1991, in
order to work with the applicant to resolve the problem.
MSUC (Casillas/Fuller) 6-0 to continue ZAV-91-10 to the meeting of
March 13, 1991.
Minutes -2- February 13, 1991
ITEM 2: CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT
EIR-90-10, ROHR OFFICE COMPLEX
Contract Planner Miller stated the Final EIR included the Draft
EIR, as well as the comments received during the public review
period and the responses to the comments. Ms. Miller stated the
Commission had received three letters reiterating the position of
the Chula Vista Elementary School District, as well as the
Sweetwater Union High School District, with regard to school impact
fees associated with non-residential projects such as the Rohr
project. The Districts' positions are that non-residential
projects do create school impacts and, therefore, should have been
considered a significant impact in the EIR. These letters were
received after the close of the public review period on the EIR,
and were not responded to in the Final EIR. Contract Planner
Miller stated it did not change the conclusions of the EIR
regarding school impacts. The conclusions were that school impacts
were deemed to be less than significant. The "Comments" section of
the EIR had been expanded in order to clarify the City's position.
This did not affect the conclusions of the EIR or the adequacy of
the document. Ms. Miller noted the expanded comments would be
forwarded to the School Districts for their information.
Contract Planner Miller, referring to the traffic issue, stated the
Draft EIR assumed the site could be utilized as a large commercial
office building greater than 100,000 sq. ft., and the traffic
generation rate was based on a trip generation factor of 17 trips
per 1,000 sq. ft. for a total of approximately 4,170 ADT. After
discussing this matter with the applicant, it was determined that
a trip generation rate of 10 trips per 1,000 sq. ft. would be a
more adequate measure of traffic. It was the conclusion of the
traffic consultant that the reduced trip rate would generate
approximately 2,450 ADT, which is about 41% fewer trips than
previously reported. Ms. Miller noted the decrease did not change
the conclusions of the EIR regarding traffic impacts which
presented a worst-case scenario for traffic, but changed the
percentage contribution that the project would have on impacted
segments and intersections. The adequacy of the EIR was not
affected by the new information. However, in order to be adequate
under CEQA, it would be necessary for staff to come back before the
Planning Commission with an addendum to the EIR reflecting the
minor technical changes that had occurred. Ms. Miller noted this
would occur before the project is actually approved.
Chair Grasser Horton asked if the percentage would change for the
benefit assessment district.
Contract Planner Miller answered that the percentage of the
contribution of the project toward impacted segments and
Minutes -3- February 13, 1991
intersections ultimately will affect the contribution of the
applicant towards off-site improvements. It would be a lesser
percentage than the 4.7% noted in the staff report. The traffic
consultant would have to come back with a revised traffic analysis
reflecting the specific percentage contribution of the project
would be.
Chair Grasser Horton asked how the percentage was reached.
Dan Marum, traffic consultant from JHK, replied that the percentage
of project contribution at the critical study area intersections
was based on the amount of "project only" traffic entering those
intersections during the peak hour. That is compared with the
total volume coming into the intersection from all other cumulative
impacts based on future forecasted volumes.
Chair Grasser Horton asked if the cumulative impacts were based on
a built-out bayfront.
Mr. Marum answered that this did not include the complete build-out
of the bayfront, but was a near-term analysis of three years in the
future with some cumulative impact from traffic growth from other
development and in-fill development, but not a build-out analysis
of long-term contribution at these intersections.
Commissioner Decker noted the number of trips generated by this
facility would be reduced by 41%, and asked how that would affect
the number of parking spaces.
Traffic Consultant Marum replied the rates used for parking and
trip generation were separate rates. He suggested that this could
be included in the addendum.
Commissioner Carson queried staff as to what other dust abatement
measures could be used instead of watering of the site during
grading to enhance air quality, since water is at a premium. Since
homeowners are being asked to cut back severely, she felt a strong
look should be taken to balance air quality against water usage.
She asked that it be included in the addendum.
Contract Planner Miller answered there would have to be an expanded
discussion in the addendum. She noted the applicant had informed
staff that they had available the use of recycled water.
Commissioner Decker suggested the use of wetting agents to make the
water more efficient.
Minutes -4- February 13, 1991
MSUC (Decker/Fuller) 6-0 to certify the final EIR for the Rohr
Office Complex (FEIR-90-10) has been prepared in compliance with
CEQA and the Environmental Review Procedures of the City of Chula
Vista and that the Planning Commission has reviewed and considered
the information contained in the FEIR.
ITEM 3: PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-91-09:
REQUEST TO REDEVELOP SERVICE STATION AND ADD MINI-MARKET
AND CAR WASH AT 765 "E" STREET - Mobil Oil Corporation
(continued from 1-23-91)
Senior Planner Griffin gave the location and zoning of the
property. He noted the project had been continued from January 23,
when the Commission had concerns regarding traffic, noise, and
conversion of full-service stations to less-than-full-service
stations.
Mr. Griffin reviewed the project, and stated that one of the
recommended conditions of approval with the project now would be to
dedicate an additional portion of the street width, and participate
proportionately in the future in improving the street as well as
installing a raised median in the middle of "E" Street. The
improvements would not be done sooner because there was a limited
amount of right-of-way both to the east and west of the project.
Without the additional right-of-way in conjunction with this
project, there is no opportunity to install a consistent set of
improvements along the "E" Street right-of-way.
Senior Planner Griffin noted that with the present narrow width of
the street, there is not the opportunity of making "U" turns on "E"
Street. If there was a temporary median placed within the street
in order to restrict left-turn movements, that would have to take
the place of the left-turn lane without the ability to make "U"
turns. The inability to make left turns would complicate traffic
on "E" Street and restrict access to several of the properties now
fronting on the street.
Mr. Griffin, addressing the concern the Commissioners had regarding
on-site stacking and the effect on traffic on "E" Street, said a
survey of similar sites had been done which showed the peak period
of stacking averaged about four cars. Using overhead projection,
he showed how the cars would be stacked on the site, and the
relationship of the circulation areas to the size of the cars. The
City Traffic Engineer had reviewed the stacking issue for potential
problems on "E" Street and concluded there would not be a real
potential for a problem at this site in most cases.
Senior Planner Griffin then discussed the concerns the
Commissioners had regarding noise. Since the last meeting, some
ambient noise measures had been made in the area, and it was found
Minutes -5- February 13, 1991
that the ambient noise level from the freeway and the trolley were
much higher than would be generated by the carwash. In accordance
with our local standards, if the ambient level is higher than the
level generated by the project, the ambient level becomes the
standard because the noise generated by the project itself is
insignificant. The environmental document had been updated to show
this information.
Regarding conversion of full-service stations to mini markets, the
staff report showed alternatives used in case of emergencies, and
questioned the role the City should play in requiring full-service
stations.
Mr. Griffin concluded that based on the findings and recommended
conditions in the staff report, staff recommended approval of the
project.
Commissioner Casillas felt a workshop should be held regarding
future conversion of full-service stations, since he was of the
opinion more data was needed. He approved of the project
otherwise.
Upon Commissioner Decker's query, Senior Planner Griffin explained
the traffic circulation pattern.
Commissioner Decker asked if there was a potential of water washing
out into the street, and if the water would be recycled.
Ken Huepper, 18634 Lancashire Way, San Diego, representing Mobil
Oil, responded that the carwash would have a reclaim system which
would recycle the water. He explained any water which would come
off the cars would be minimal, since the carwash had a blow drier
which would remove the majority of the water, and any remaining
water would wash back into the reclaim system.
Chair Grasser Horton asked staff if the developer would have to pay
for an island. Senior Planner Griffin explained that he would be
required to pay for half the island--half the street width.
City Traffic Engineer Rosenberg explained that the requirement for
the improvements is based on the deficiency of the street. The
missing improvements are assessed; since this street is identified
as a major street, an island is required along with two lanes of
traffic and a shoulder. There is not a shoulder provided, so staff
requested a widening of the roadway and a dedication to provide for
that widening. In addition, the improvements of the median was
required. The developer would not be expected to provide the full
width of the median. As developments occur throughout the entire
length of "E" Street, other developers would be required to provide
the missing improvements. The median project would be deferred,
Minutes -6- February 13, 1991
and sometime in the future all the resources from the different
projects would be pooled to provide it.
In answer to Commissioner Martin's query, Senior Planner Griffin
explained that the landscaping would be reduced if the street were
widened.
Further discussion was held regarding the length of the island,
provision for "U" turns at signalized intersections, and turnouts,
similar to the East "H" Street median.
Senior Planner Griffin clarified that the recommendation was for a
16-foot dedication, and the eventual distance between the gas pumps
and the sidewalk would be 50 feet.
Chair Grasser Horton asked, because of the trolley, if there are
similar sites in the City regarding traffic flow. Mr. Rosenberg
answered the Arco station at Palomar had a similar situation, but
he didn't know of any traffic problem.
This being the time and the place as advertised, the public hearing
was opened.
Ken Huepper, 18634 Lancashire Way, San Diego, representing Mobil
Oil, presented drawings of the proposed facility and compared it to
the present facility, showing stacking space and traffic
circulation, and the distance between the pump islands and the
carwash. Mr. Huepper requested approval of the project.
Commissioner Carson questioned Mr. Huepper regarding possible
remedial work in a worst-case scenario insofar as contamination on
the site. Mr. Huepper answered that they had received an approval
from the County authorities that their site met the criteria of
remediation, and they believe that situation is resolved.
Commissioner Decker asked what provisions had been made for
servicing the handicapped, especially those who cannot get out of
their vehicles. Mr. Huepper responded that Mobil's policy at self-
serve locations was to offer to the handicapped an attendant to
come out to assist them.
No one else wishing to speak, the public hearing was closed.
Commissioner Fuller commented that responses to the questions and
concerns which had been raised at the last meeting were very amply
answered, and both staff and the applicant working together did a
fine job. She agreed with staff that there was a question as to
how far government could go to require the private sector to
provide something the consumer feels they have to have.
Minutes -7- February 13, 1991
MS (Fuller/Casillas) 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 mitigated Negative Declaration issued on IS-91-03.
Chair Grasser Horton, for the record, asked Commissioner Martin if
he had listened to the tape recording of the last meeting.
Commissioner Martin confirmed. He also said his concerns were
answered; he liked the location of the pumps.
Chair Grasser Horton concurred that staff had fully answered her
questions and concerns.
VOTE CARRIED 5-0-1 (Commissioner Decker abstained since he had been
absent at the previous meeting when this item was discussed;
Commissioner Tugenberg absent)
MSC (Fuller/Casillas) 5-0-1 that based on the findings contained in
Section E of the report, adopt a motion to approve the request
PCC-91-09 subject to conditions 'a' through 'd'.
ITEM 4: PUBLIC HEARING: PCM-91-5/PCA-91-3: CONSIDERATION OF THE
CITY'S GROWTH MANAGEMENT PROGRAM AND IMPLEMENTATION
ORDINANCE
Planning Director Leiter made some initial comments regarding the
background of the Growth Management Program and Ordinance. He
noted that the Growth Management Plan was designed to provide a
comprehensive approach to various stages of development and
thresholds, and specifically recommend changes in the way public
facility finance plans are prepared; development phasing policies
which recommend a means by which the cumulative impact of
development projects could be monitored and facilities provided
when needed; and compliance monitoring and implementation programs
to make sure the policies and development conditions the City
Council and Planning Commission require are in fact being met and
the City's threshold standards are being complied with. The
Ordinance would put into legal effect the various policies and
programs that are recommended.
Mr. Leiter noted that Phil Carter of Willdan & Associates would
present the Growth Management Program, and also that David
Ferguson, an attorney with the firm of Higgs, Fletcher, & Mack, who
prepared the ordinance was present to answer any questions
regarding the ordinance.
Phil Carter informed the Commission that the Growth Management
Program was the element which implemented the City's Growth
Management Element, and the policies and goals of the General Plan
recently adopted by the City Council. He discussed the
Minutes -8- February 13, 1991
implementation procedures which included the quality of life
threshold standards, facility master plans, project processing
requirements, development phasing policies, and the Growth
Management Oversight Committee's review responsibilities.
Mr. Carter noted that the annual report of the Growth Management
Oversight Committee had previously looked back at what had
happened; the emphasis now was to project into the future and show
how the compliance could be maintained over time as opposed to
looking backward. This program will identify potential problems
and allow City staff, the developers, and the special districts the
time necessary to provide solutions to those projected problems.
The Growth Management Ordinance provides the legal requirements of
how the growth management program will function within the
Municipal Code in the City of Chula Vista.
Mr. Carter specifically discussed the section on schools. He noted
the first paragraph on page 3-39 needed to be revised based on
additional information which was not available at the time of
preparing the document. This information added specific enrollment
figures.
Planning Director Leiter added that the City Attorney had suggested
some minor word changes to the Initial Study and Negative
Declaration to clarify the relationship of the Growth Management
Program with the currently adopted threshold standards. The
revised Negative Declaration report was prepared to reflect that
and would be distributed to the Commission. He noted the basic
content of the two documents was the same.
Chair Grasser Horton then called for questions of staff.
Commissioner Carson asked if computer simulations would be used.
Planning Director Leiter said staff would be using computer phasing
forecasts, and have already computerized the 12- to 18-month and
the 5- to 7-year forecasts, so reports could be provided to the
Commission and Council on a regular basis, showing the status of
every project.
Commissioner Carson, referring to page 7 in the Negative
Declaration, regarding water, wanted to ensure that water
facilities were provided in new development (like a Mello-Roos).
She wanted to make certain there was adequate water supply.
Minutes -9- February 13, 1991
Planning Director Leiter referred the Commissioners to page 3-69 of
the Growth Management Program which recommended that a water
conservation plan be required of all major new development projects
which would address both the water needs of the project and then
various conservation measures and supply measures that could be
included within the project.
Commissioner Fuller, as a member of the Growth Management Oversight
Committee, suggested that a schedule of future meetings and
threshold topics of the Growth Management Oversight Committee might
be provided to the Commission for their information. She noted
some of the concerns the Growth Management Oversight Committee had
discussed. She stated that she felt this was a program that other
cities would adopt. Referencing a letter received from Kate Shurson
of the Chula Vista Elementary School District, Commissioner Fuller
asked staff if the treatment of schools and the need for schools in
the older areas of Chula Vista differs from the way it is being
addressed in the Growth Management Program.
Planning Director Leiter answered that the Growth Management
Program and Ordinance as they are currently developed are primarily
focused on the area east of 1-805. The Growth Management Program
was geared toward transportation and the other threshold standards.
Staff would recommend that we move forward through the Growth
Management Oversight Committee's review this year, and ultimately
through adoption of additional ordinances or other requirements to
deal with the specific problems west of 1-805, since the needs are
very different. For example, the financing of the school
facilities west of 1-805 deals with small, individual in-fill
projects. The methods of financing are different, and they present
different problems. This program and ordinance focused on the area
to the east, but staff recognized the need to come back to the
Commission and Council at a later date with a program dealing
specifically with the issues west of 1-805.
Chair Grasser Horton referred to page 3-62 and 3-63 regarding the
allocation program involving the Otay Water District. She asked
how this would affect smaller developers. Would they still be
guaranteed a certain number of units?
Planning Director Leiter answered that the Otay Municipal Water
District allocation program affects only new project east of 1-805,
geared primarily toward the large-scale master planned communities.
He noted the Sweetwater Authority would need to develop some type
of program to respond to the stage 3 water alert which will affect
the issuance of new permits or new water connections.
Chair Grasser Horton asked if construction would stop if there was
a mandatory cut-back of 31% and possibly 50% by summer.
Minutes -10- February 13, 1991
Mr. Leiter answered that one of the considerations the Otay Water
District was making as they move through the various stages of
water alert was that at stage 5 they would prohibit the use of
water for grading. The use of potable water from the District for
grading operations would cease at stage 5. At that point, there
would be a choice of reclaimed water or well water. There would be
an effect on new development, although there were other projects
already graded which would continue to move forward.
Commissioner Decker commended the writers of the Growth Management
Program on a well written document. Referring to page 6 of the
Ordinance, he asked that a provision for life cycle analysis be
added. Mr. Decker had previously given the Commission a copy of a
memo concerning this which he read into the record and which is
attached. He recommended the following be added to paragraph
21.09, the contents of the Public Facilities Finance Plan:
"d. The plan shall include life cycle cost (LCC)
projections for each element in 21.09(c) as they
pertain to the City fiscal responsibility. The LCC
projections shall be for 25 years from submission
of the PFFP. The model used shall be able to
identify an estimate of initial and recurring life
cycle cost for the above elements."
Mr. Decker pointed out that subsequent paragraphs may need to be
amended to accommodate the concept of a life cycle projection. He
asked if anything like this was considered?
Consultant Phil Carter answered it had been anticipated that these
types of costs would be included, but recommended that the
Commission add the above paragraph to the ordinance, since it was
better written and clarified what was meant by looking at the total
cost of facilities. He suggested the number of years be left open.
Commissioner Decker concurred.
Commissioner Decker, referring again to the draft Ordinance, asked
about the exclusion of government agencies from the growth
management oversight, such as the Social Security Administration.
Planning Director Leiter answered that the primary reason for that
exclusion was that the facilities that would typically be built in
the eastern territory by governmental agencies are facilities that
would be constructed to meet the requirements of the threshold
standards. Those facilities would have to meet all of the City's
development standards and other requirements; however, it exempts
them from some of the specific study and plan requirements of the
Growth Management Program.
Minutes -11- February 13, 1991
Commissioner Decker used a new university as an example of a
government facility, and the exclusion of their having to present
a plan. Mr. Leiter agreed that the exclusion may need to be
narrowed down to relate to facilities that are needed that are
related to new development, and larger scale facilities that would
have a direct impact on growth possibly should be looked at along
with others. Staff's focus was on the types of facilities that
government normally builds to serve new development.
Referring to page 4, paragraph 21.03(a), Commissioner Decker asked
if the generic term "SPA" should be defined in the definitions.
Planning Director Leiter concurred. He noted this section would
become a part of the Municipal Code, which already contained a
definition of the term "SPA."
On page 6, paragraph 21.07(e), Commissioner Decker noted it was not
stated who would receive the application first, the Planning
Commission or the Council. Planning Director Leiter answered that
"upon recommendation of the Planning Commission" could be added.
This being the time and place as advertised, the public hearing was
opened.
Kent Aden, representing EastLake Development Company, 900 Lane
Avenue, Chula Vista, complimented staff on the excellent job on a
very complex task. He concurred with Commissioner Fuller that this
was a model that he thought other cities would adopt. EastLake
Development Company concurred with many of the City's goals and
supported the document in that regard. EastLake Development
Company strongly believes in managed growth, improved air quality,
water conservation and traffic management. Over five years ago
they had pioneered the City's first public facilities financing
plan with EastLake I. They also have a voluntary water
conservation plan and support staff's efforts in that area.
Mr. Aden requested that EastLake Business Center Phase II be
included in the list of approved projects or projects that would be
allowed to obtain a tentative map. He listed several reasons
including traffic management (contra-flow traffic in that people
are coming the opposite way out Telegraph Canyon Road to work at
the EastLake Business Center), consistency with the City's air
quality goals (to promote balance of jobs and housing, reducing the
commuter miles traveled by providing those jobs adjacent to the
housing), and provision of an additional tax revenue base for the
City. He also noted the business center was consistent with the
City of Chula Vista General Plan, had an approved General
Development Plan, and a Development Agreement.
Minutes -12- February 13, 1991
Kim Kilkenny, Baldwin Company, 11975 E1 Camino Real, San Diego,
distributed an outline summary of comments particular sections of
the program and the ordinance. He also complimented staff and the
consultants on the preparation of a series of excellent documents
that would serve as a model of a modern land use policy.
Regarding the Growth Management Program, page 4-5, the draft
document suggests that no additional tentative maps would be
approved until a financing plan for SR-125 was adopted. Baldwin
suggests that tentative maps be allowed to continue to be approved,
that the issuance of the building permits connected with those
tentative maps be conditioned such that they would have to comply
with the threshold standards and the financing plan ultimately
adopted.
Mr. Kilkenny said it would be desirable to state the intent of the
document, that "new development is responsible for solving its
proportionate share of facility problems and is not responsible to
remedy existing deficiencies." He asked that this statement be
added to the ordinance.
Mr. Kilkenny also asked that a statement to the effect that the
payment of in lieu fees satisfies new development's obligation to
provide their proportionate share of facilities. There would be
some instances, for example, libraries, where the facilities would
lag development because the policy in the City of Chula Vista is to
develop large libraries. Fees would be paid for the construction
of libraries, but the library itself, for some period of time,
would not exactly meet the standard of 500 sq. ft. per thousand
residents. The payment of the fee and the accruing of the revenues
should satisfy the standard until such time that the library could
actually be constructed. He said that kind of language about
payment of fees satisfying the standard would be helpful to avoid
conflict later on.
Referring to page 5 of the ordinance, Section 21.07, Mr. Kilkenny
noted that "facilities must be provided in advance of the phasing
schedule." He said the tenor of the whole document was to provide
them on time, and they didn't need to be provided in advance of the
phasing schedule.
Page 10 in the ordinance referred to language concerning the
preparation of an air quality plan and water conservation plan.
Mr. Kilkenny felt they were of little value until such time as the
region had regulations on air quality.
Mr. Kilkenny asked that on page 7, clarification was needed to the
language that "development in an area will not reduce the existing
facilities or improvements capabilities." There would be some
instances where development would reduce a facility's capabilities,
Minutes -13- February 13, 1991
possibly not beyond a threshold standard, but would reduce it. He
thought that adding the phrase tying it to a threshold standard
would make that sentence clearer.
Lastly, on page 9, Mr. Kilkenny noted that a developer was
responsible for maintenance and operation when they advance the
facility. He suggested using "developer or benefitting party"
because in some instances there would be an assessment district and
it need not be the developer who advanced the maintenance and
operation money, but rather an assessment district.
Chair Grasser Horton asked if Planning Director Leiter would like
to respond to the first item on page 4-5, referred to by Mr.
Kilkenny.
Planning Director Leiter emphasized it was an interim policy and
related to the need to do a financing plan for an interim 125
facility. That would be expected to take between six months to a
year to complete, and at that time staff would have a much better
idea of what the financing requirements for that facility would be
and what the relative share of responsibility of new development
would be for that project. Until that's completed it would be
premature to approve tentative maps because it would be uncertain
as to what the financing implications or the financial impacts of
that facility would be on each tentative map. After a tentative
map is approved, the ability to place certain types of conditions
or requirements on that project is restricted. It doesn't preclude
processing of SPA plans or preliminary review of tentative maps,
but staff would recommend that actually approving additional
tentative maps not be done until the financing plan is completed.
No one else wishing to speak, the public hearing was closed.
Commissioner Martin stated he had not had time to review all of the
documents regarding this issue, so he was abstaining from voting.
Commissioner Carson asked staff to comment on the comments from
Baldwin regarding the recommendations they had made.
Phil Carter, Willdan Associates, said he would start with the
ordinance and follow the same order that Mr. Kilkenny presented.
Mr. Carter concurred in the recommendation that new development was
responsible for satisfying its proportionate share of the facility
deficiency and should not be compelled to remedy deficiencies not
caused by the proposed development. The City of Chula Vista cannot
require a new developer to pay for a past deficiency of a facility.
There are a number of items within the plan that specify if a
developer chooses to move ahead of the City's schedule and pays
more than their fair share, or their proportionate share, how they
Minutes -14- February 13, 1991
will be reimbursed over time. Mr. Carter noted there were a number
of issues through the ordinance and also through the finance
policies that ensure that no developer will pay more than their
proportionate share.
Regarding the payment of fees satisfying the development's
obligation to provide its proportionate share of the facility
deficiency, it needs to be pointed out that the collection of
development impact fees happens at a slower pace than the demand
for facilities. On a truly fee-based program, the collection of
fees does not assure compliance with the threshold standards. The
goal of the program is to assure compliance with the threshold
standards. This would not allow that to happen.
On page 5, Mr. Carter clarified that if the development is not
consistent with the phasing policy of a master plan, then the
developer is required to show how those facilities will be provided
in advance. It is not saying that they have to be provided before
the master plan would have required them. It is saying if the
project projects a need for a facility that wasn't included in the
master plan on that same schedule, then the developer is required
to provide that facility. It is not intended that a developer
would provide facilities ahead of need. It basically says that if
they are not consistent with the phasing of the master plan, then
they have to do something.
On page 10, Mr. Carter reiterated that Chula Vista is a leader in
growth management. In order to be a leader, additional challenges
like air quality plans need to be taken on. Although the City
can't tell today exactly what that plan is going to look like or
consist of, it is important to keep that on the forefront of the
planning and to provide the best air quality planning as the
projects go forward. Mr. Carter didn't recommend taking that out
of the program, because it allows the City to be ready so that when
those regional policies and guidelines are put in place, the
mechanism is already here.
Regarding page 7, "development in an area will not reduce the
existing facilities or improvements capabilities," the purpose of
this section was to ensure there is no timing issue, to ensure that
as each project is approved, it is conditioned to provide all of
its facilities needed to meet its impacts. The timing issue of
when those will be needed will be determined through the SPA
process.
Page 9, maintenance and operation costs, the program recommends
that if property owners/developers wish to move ahead of the City's
schedule; for example, a park facility, if the City had planned to
build a park in 1995 but the developer needed that park to meet the
threshold standard in 1993, it should not be the City's obligation
Minutes -15- February 13, 1991
to pay for the operating cost of two additional years. It should
be the responsibility of the property owner who is creating that
need. All the benefitting property owners who would be serviced by
the facility financing plans should pay their fair share. That
would mean if the Baldwin Company provided additional park capacity
which would allow other developers to move forward, they should
also share in the burden of those operating costs. Mr. Carter
stated the intent of this was to ensure that the City's resources
and finances weren't stretched when the City was not ready to bring
those items on line. The goal was to ensure that those who create
the need for the facility actually pay their full costs.
Chair Grasser Horton asked Mr. Leiter to respond to Mr. Aden's
concerns.
Mr. Leiter said that, with regard to the issue of the interim
phasing policy and a specific set of projects were analyzed which
already had the level of approval of a SPA plan and a General
Development Plan. Staff was able to determine that set of projects
could be accommodated without the construction of 125. To add
additional projects would go back to the earlier point of not
really having an implementation program for 125. While there are
merits to be considered for any additional projects outside of the
ones listed, Mr. Leiter believed staff's preference would be to
recommend that the policy be carried forward as written, but with
the assurance that the City and the development community could
work together over the next several months to analyze the financing
issues for 125 and try to come up with that program in a timely
manner and then allow the approval of additional maps to go forward
at that point.
Commissioner Casillas asked what could be done prior to development
of the regional air quality plan?
Planning Director Leiter explained that staff had been working with
the McMillin Company specifically on an air quality improvement
plan for Rancho del ney's SPA III. As to what could be done
without regional standards being adopted, the air quality impacts
of a particular project could be analyzed and quantified, and
measures could be identified and considered which would reduce air
quality impacts. A particular set of measures could be recommended
to be included in a project and the improvements made in air
quality quantified. The only thing lacking was a specific final
numerical standard for how low we want to get. That would be
coming out of the regional plan. By doing certain things, the air
quality impact would be improved, which would be a valid plan at
this point.
Minutes -16- February 13, 1991
Commissioner Casillas asked for clarification of the recommendation
to include it at the Sectional Planning Area stage?
Mr. Leiter stated it was being recommended that an air quality
improvement plan be prepared for a master planned community as part
of the SPA plan and to be approved by the Planning Commission and
the Council.
Commissioner Fuller asked if over the next few months staff would
be working with the developer and others on the SR 125 financing
and if this might then come before the Planning Commission again?
Mr. Leiter answered that the RFP for the financing plan studies for
125 would be issued within the next several weeks, and then a
consultant would work with City staff and the development community
to do that financing plan. Once that is completed and adopted by
the City Council, this interim phasing policy would be met. At
that point the applicants could move forward with their tentative
maps.
Commissioner Fuller asked what would happen to the EastLake
Business Center in the interim?
Mr. Leiter replied that Phase I had already been approved and they
were already moving forward on that. They could also move forward
on the SPA Plan work and the tentative map design work for Phase
II. The restriction is recommended to apply at the approval of a
tentative map. Staff does not foresee that taking any more than a
year, and is not aware that it would significantly delay any of the
projects that are currently underway.
MSUC (Decker/Carson) 5-0-1 (Commissioner Martin abstained;
Commissioner Tugenberg absent) 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-91-20.
MSUC (Decker/Fuller) 5-0-1 (Commissioner Martin abstained;
Commissioner Tugenberg absent) to adopt the proposed Growth
Management Program and Implementation Ordinance, as amended.
ITEM 5: REPORT: AMENDMENT #1 TO THE SOUTHWEST REDEVELOPMENT
PROJECT AREA PRELIMINARY PLAN City of Chula Vista
Redevelopment Agency
Redevelopment Coordinator Kassman presented the first amendment to
the Southwest Redevelopment Project Area, which proposed to add
eight parcels to the Southwest Redevelopment Plan for the purpose
of developing an efficient and coterminus project in the vicinity
of Broadway and Palomar Avenue. He noted that the Commission was
Minutes -17- February 13, 1991
being asked to adopt a resolution which approved the amendment, the
area being added to the plan, and authorizing the further
processing of the amendment.
Commissioner Fuller noted this area included single-family homes,
and asked if there had been any concern by residents. Carlos
Flores, consultant to the Redevelopment Agency, answered that there
were four single-family homes on the parcels which would be added
to the commercial development. The developer had contacted the
various property owners to make offers for their property. The
preliminary plan before the Commission would set the boundaries,
and the notification process of a proposed development would begin.
Commissioner Carson asked what the Montgomery Planning Committee
decision was at the February 6 meeting. Mr. Flores replied that
the Montgomery Planning Committee's recommendation was to approve
the preliminary plan for the amendment. They had some concerns
about providing access to the back side of the development, as well
as to make sure that the earlier City Council to the developer
regarding the uses in the development would have some use-serving
types of activities. They wanted to underscore that as a
recommendation, as well. He clarified that the plan before them
involved the amendment of the Redevelopment Project Area. It could
go forward independent of any development actually taking place on
those parcels. He wanted to make a distinction between the
development plan and the redevelopment plan amendment.
Commissioner Carson noted it was her understanding the Montgomery
Planning Committee was talking about the preliminary plan and
didn't have to adopt a resolution. They were thinking in terms of
previous discussions regarding that property before the Southwest
Redevelopment Area was established. The redevelopment plan
amendment was to augment the Southwest Redevelopment Project Area
in total with this extra parcel.
MSUC (Carson/Fuller) 6-0 (Commissioner Tugenberg absent) to adopt
a resolution for the adoption of a Preliminary Plan, Southwest
Redevelopment Amendment No. 1.
OTHER BUSINESS - None
DIRECTOR'S REPORT
Assistant Planning Director Lee welcomed new Commissioner Tom
Martin to his first meeting of the Planning Commission.
Mr. Lee asked the Commission to appoint a representative to the
Beautification Committee, the first meeting being scheduled for the
next week.
Minutes -18- February 13. 1991
MSUC (Fuller/Carson) 6-0 recommending that Chair Grasser Horton
serve on the Beautification Committee.
Assistant Director Lee noted the Commission,s regular study session
was to be held on February 20, and was a dinner meeting.
Assistant Director Lee asked that the meeting of February 27 be
canceled, because of projects being shifted.
MSUC (Carson/Fuller) 6-0 to cancel the meeting of February 27,
1991.
Chair Grasser Horton stated she would be absent March 13.
Mr. Lee noted a notice had been received from the League of
California Cities for the Planning Commissioners, Institute to be
held March 20-22 in Monterey, and the Commission was budgeted for
one Commissioner. Staff needed to know who was interested in
going, so hotel reservations could be made.
Commissioners Casillas, Martin, and Decker expressed interest.
Assistant Planning Director Lee said staff would check the budget
and try to accommodate those interested.
COMMISSION COM~RNTS
Chair Grasser Horton also welcomed Mr. Martin to the Commission.
ADJOURNMENT AT 9:40 p.m. to the Study Session Meeting of
February 20, 1991 at 5:00 p.m. in Conference Rooms 2 & 3
Nancy ~pley,/ Secretary
Planning Commission
(PC2-13-91 .MI/q)