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cc 2026 AR 08/11 appeal of p24-0164, 552 w bobier dr project

Vista City Council
August 11, 2026

Document
cc 2026 AR 08/11 appeal of p24-0164, 552 w bobier dr project
Meeting
August 11, 2026
Body
Vista City Council
Pages
38
Original file
1.6 MB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

ORAL COMMUNICATIONS:

None.

PUBLIC HEARING ITEMS:

PH1. P26-0027 - Small Animal Clinic — Dr. Ravneet Sandhu The applicant, Dr. Ravneet Sandhu, is requesting a Special Use Permit to establish a small animal clinic business located at 1310 E. Vista Way, Suite B. This project is categorically exempt from the requirement to prepare an environmental document pursuant to Section 15332 of the California Environmental Quality Act Guidelines, because the project is characterized as in -fill development meeting the conditions described in this section.

RECOMMENDATION:

1. Adopt Planning Commission Resolution 2026-05 , granting a Special Use Permit to establish a small animal clinic business at an existing multi -tenant retail center located at 1310 E. Vista Way, Suite B
Assistant Director of Community Development Patsy Chow provided the staff presentation.

Planning Commission questions:
• Commission wants to confirm this hearing is about the Special Use Permit and not the building.
o Staff confirmed the project is for consideration of a Special Use Permit.

Chair De Jesus opened up the public hearing.

SPEAKERS:
• The following speakers were opposed to the project: None. • The following speakers were in favor of the project: None. • The following speakers were neutral to the project: None.

Chair De Jesus closed the public hearing.

Planning Commission discussion: None.

CMNR. THOMPSON MOTIONS TO ADOPT RESOLUTION 2026-05, SECONDED BY CMNR. GRIMM.

1. Adopt Planning Commission Resolution 2026-05, granting a Special Use Permit to establish a small animal clinic business at an existing multi -tenant retail center located at 1310 E. Vista Way, Suite B
08/11/2026
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Planning Commission - Minutes
June 16, 2026

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MOTION TO APPROVE CARRIED: Vote 6-0
PH2. P25-0159 — Residential Care Facility (16 beds) — Aaron Lazarus The applicant, Aaron Lazarus, is requesting an Amendment to a previously approved Special Use Permit (P21-0060) to allow for the construction of a 2,800 square foot building addition and to increase the capacity from eight (8) beds to sixteen (16) beds for a residential care facility for the elderly located at 682 Vale View Drive (APN: 166-741-07- 00). This project has been determined to be exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 — Existing Facilities, which applies to minor alterations of existing facilities that involve negligible or no expansion of use, such as "[a]dditions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet if: (a) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan; and (b) The area in which the project is located is not environmentally sensitive.

RECOMMENDATION:

1. Adopt Resolution 2026-06, granting an amendment to a previously approved Special Use Permit (P21-0060) to allow for the construction of a 2,800 square foot building addition and to increase the capacity from eight (8) beds to sixteen (16) beds for a residential care facility for the elderly located at 682 Vale View Drive (APN: 166-741-07-00)
Junior Planner Daisy Diep provided the staff presentation.

Planning Commission questions:
• Commission wants to know if during the 6 years that the facility has been operating, has there been any issues with neighbors.
o There have been no major complaints about the operation to staff's knowledge.

Chair De Jesus opened up the public hearing.

SPEAKERS:
• The following speakers were opposed to the project: None. • The following speakers were in favor of the project: Glen McGraw, Paula Chaillot • The following speakers were neutral to the project: Rick Fellows Chair De Jesus closed the public hearing.

Planning Commission discussion:
• Acknowledges the support the home has from the community and supports the expansion of the project.
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Planning Commission - Minutes
June 16, 2026

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• Familiarity with the site operation and notices that the operation is unimpactful with no noise or additional traffic.
• Commission received letters from family members of residents of the facility that were supportive.

CMNR. MARTIN MOTIONS TO ADOPT RESOLUTION 2026-06, SECONDED BY CMNR. JOLLIFF.

1. Adopt Resolution 2026-06, granting an amendment to a previously approved Special Use Permit (P21-0060) to allow for the construction of a 2,800 square foot building addition and to increase the capacity from eight (8) beds to sixteen (16) beds for a residential care facility for the elderly located at 682 Vale View Drive (APN: 166-741-07-00)
MOTION TO APPROVE CARRIED: Vote 6-0
PH3. P24-0164 — 552 West Bobier Drive Project — SWS Engineering, Inc.

The project applicant, Michael Schweitzer for SWS Engineering, Inc., is requesting approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Subdivision Map, and Site Development Plan to allow for the construction of 15 attached single-family residences and associated site improvements on an approximately 1.67 -acre site located at 552 W. Bobier Drive (APN 161-030-07-00).

RECOMMENDATION:

1. Adopt Resolution 2026-07, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 552 W. Bobier Drive Project, Planning Case No. P24-0164

2. Adopt Resolution 2026-08, approving a Tentative Subdivision Map and Site Development Plan to construct 15 single-family attached residential units on a

1.67 -acre site located at 552 W. Bobier Drive (APN 161-030-07-00) Senior Planner Chris Winters provided the staff presentation.

Planning Commission questions: None.

Mike Schwietzer (applicant) provided a comment on the presentation about retaining the frog rock and adding a condition for the future HOA to maintain the frog rock.

Planning Commission questions for applicant:
• Appreciates the open space and working with the boulders to remain in that area.

Commission would like to know if there are any benches for residents. o There is a plan for a small walking path going through the open space for the residents to be able to experience the boulders and rocks. A bench wasn't planned but would be easy to add this.
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Planning Commission - Minutes
June 16, 2026

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Chair De Jesus opened up the public hearing.

SPEAKERS:
• The following speakers were opposed to the project: Guillermo Vasquez, Glenn McGraw
• The following speakers were in favor of the project: Mike Schweitzer • The following speakers were neutral to the project: Tara Goldberg • Commission wants to know if staff wants to respond to speaker question on the fire truck turn around and if meets the current standards of the 150 -ft backup before the turnaround requirements.
o As part of the full-size plans submitted to the City, the applicant did provide a fire access exhibit to our Fire Marshall for review. That's the reason for the shape of the private roadway so that it would accommodate a turnaround for a fire truck as shown in the plans.

Chair De Jesus closed the public hearing.

Planning Commission discussion:
• Pleased that the boulders will remain and be incorporated into the site design and how the buildings have been pulled back off of Bobier.
• Disappointed that there is only one floor plan and unit type. • Appreciates the breakup on the wall plane because the units have a play back and forth.
• Appreciates that this is infill and is providing homeowner opportunities but feels tight and there are no affordable units. The materials board feels very busy.

Would removing the gray help that?
• Appreciates the shade trees. Please consider putting as many as possible. • Would like to know if there is there parking on Bobier? o Staff confirmed parking on Bobier.
• Concerned about taking out a color. It may not work well without all the colors in the materials board.
• This project will help clean up the area and be an anchoring project next to the new school. This project shouldn't add to the parking overflow on Bobier with two car garages and driveways for the units.
• Clarified the density for that zone was different than what is being allowed because it is allowed through the General Plan, and state laws. • Guidance on the language for keeping frog rock in the CC&Rs from Assistant City Attorney Amanda Guy.
08/11/2026
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Planning Commission - Minutes
June 16, 2026

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• Would like to verify with respect to HOA and the boulders, if the HOA was not responsible for that particular boulder, would that be a city responsibility or would no one be responsible for it?
o Assistant City Attorney confirmed that it is located on private property, so it would not be a city responsibility. The ESA open space easement obligates the HOA as conditioned currently to maintain that area for the ESA purposes so the boulders would remain in place, but they would not be painted and maintained to keep the visual of the frog appearance.

CMNR. GRIMM MOTIONS TO ADOPT RESOLUTION 2026-07 and 2026-08, WITH CONDITIONS AS FOLLOWS, SECONDED BY CMNR. REDDING.

1. The CC&R's for the subdivision shall require the HOA to be responsible for the maintenance of the painted frog rock located within the ESA open space easement onsite, including but not limited to as -needed paint application.

1. Adopt Resolution 2026-07, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 552 W. Bobier Drive Project, Planning Case No. P24-0164

2. Adopt Resolution 2026-08, approving a Tentative Subdivision Map and Site Development Plan to construct 15 single-family attached residential units on a

1.67 -acre site located at 552 W. Bobier Drive (APN 161-030-07-00) MOTION TO APPROVE CARRIED: Vote 6-0

REPORTS/COMMENTS FROM COMMISSION MEMBERS
• None.

ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT PATSY CHOW
• We have a break in July. Next meeting possibly August 18th, a couple of items for that meeting. We will know for sure as we get into the end of June or July. Staff will let Commission know if something is coming or pre -meetings and give advance notification on those.

DIRECTOR OF COMMUNITY DEVELOPMENT JOE VACCA
• None.

Chair De Jesus wants to recognize and congratulate Student Commissioner Kalia Parrish who is graduating. This will be her last meeting. She will be attending California State University San Marcos.

ADJOURNMENT:

Chair De Jesus adjourned the meeting at 7:05 p.m.
08/11/2026
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Planning Commission - Minutes
June 16, 2026

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SECRETARY
08/11/2026
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From: Corinna Contreras
To: John Conley: Imelda Huerta; Walter C. Chung
Subject: Appeal 552 W. Bobier Drive Project: Planning Case No. P24-0164 Date: Friday, June 26, 2026 3:56:41 PM
Hi John,
I would like to appeal the following:

Planning Commission voted (6-0) to adopt resolution 2026-07 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 552 W. Bobier Drive Project, Planning Case No. P24-0164 and resolution 2026-08 approving a Tentative Subdivision Map and Site Development Plan to construct 15 single-family attached residential units on a 1.67 -acre site located at 552 W. Bobier Drive (APN 161-030-07-00).

Reason for Appeal:

Ensuring the preservation of sensitive artifacts in perpetuity by amending conditions to include information relevant for the proper stewardship and preservation of sensitive artifacts.

Thank you,
Corinna Contreras
Vista City Councilmember
District 1
08/11/2026
EXHIBIT 5
PH2
870 of 876

SWS Engineering, Inc.

Civil Engineering I Land Surveying I Land Planning I Construction Staking June 26, 2026
PN 23-299
Patsy Chow
Assistant Community Development Director
City of Vista
Community Development Department
200 Civic Center Drive
Vista, CA 92084
RE: P24-0164 — 552 W. Bobier Drive TSM/SDP
Dear Patsy:

This letter is in response to the appeal that has been formally filed concerning my project referenced above ("Project").

The Planning Commission on June 16, 2026 added the following condition as part of their approval for the Project:

The CC&R's for the subdivision shall require the HOA to be responsible for the maintenance of the painted frog rock located within the Environmentally Sensitive Area (ESA) open space easement onsite, including but not limited to as -needed paint application.

I would like to take this opportunity to offer the following additional measure to address the appeal request and the maintenance of the frog rock:

Consistent with the above Planning Commission condition, it is the intent of the Project to have the HOA maintain the current painted appearance of the frog rock. Therefore, in addition to including the above Planning Commission condition in the CC&Rs, the CC&Rs will further specify that the frog rock painting maintenance performed by the HOA shall follow the painting scheme and colors for the current appearance of the frog rock. The current appearance of the frog rock (see attached Exhibit 1) will be documented via onsite pictures, dated June 26, 2026, which will be placed into the CC&Rs for the HOA to reference for its maintenance obligations.

The Project conditions of approval require that the CC&Rs be submitted to City staff for final review and approval, which allows staff to confirm the inclusion of the above additional measure. 1635 Lake San Marcos Dr. I Ste. 200 I San Marcos I CA 192078 760-744-0011
EXHIBIT 6
PH2

SAN DIEGO
08/11/2026

ORLANDO
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SWS Engineering, Inc.

Civil Engineering I Land Surveying I Land Planning I Construction Staking Please let me know if this addresses the concern raised in the appeal request. Thank you for your attention to this matter.

Sincerely,
Michael D. Schweitzer, P.E.

CEO / President
Managing Member — Wax Wing — VISTA, LLC
Exhibit 1: Frog rock pictures taken onsite on June 26, 2026. 1635 Lake San Marcos Dr. I Ste. 200 I San Marcos I CA 192078 760-744-0011

SAN DIEGO
08/11/2026

NASHVILLE PHOENIX
PH2

ORLANDO
872 of 876

EXHIBIT 1 - Frog rock pictures taken onsite on June 26, 2026 08/11/2026
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DISCLOSURE FORM
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal?

YES X NO
If you answered yes, please specify:

Name of Councilmember or City Officer:

Name of Contributor:

Date(s) of Contribution(s):

Amount(s)
Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

Answering YES does not preclude the City of Vista from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you also certify that you agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTI,Y riE R PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CA 1' • % IATHAT THE FOREGOING IS TRUE AND CORRECT.

Signed Date: 7/20/2026
Print Name: Michael David Schweitzer Title: Managing Member Company: Wax Wing - VISTA, LLC
Additional Disclosures:

NOTE: This form is a public record and subject to the California Public Records Act. 4903-2912-5962, v. 1
08/11/2026
EXHIBIT 7
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P24-0164
15 Attached Single -Family
Residences 552 West Bobier Drive
1 inch equals 147 feet

CITY OF VISTA

C A L I F O R N I A
N
A0 65 130 ft
Map Created: 6/1/2026
08/11/2026
EXHIBIT 8
PH2
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Exhibit 9
Project Plans - Full Size
(Limited Distribution)
08/11/2026
EXHIBIT 9
PH2
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Public Hearing:

Appeal of 552 West Bobier Drive Project
City Council MeetingAugust 11, 2026
Planning Case No. P24-0164

PH2 – Appeal of 552 West Bobier Drive Project
General Plan: Medium Density (MD) – max 10 units/acre Zoning: R-1-B Residence Zone Project
Site
Project
Site
M-U (40)
MD R-1-B
MU
R-1-BMD
Neighborhood Commercial
(Oceanside)
Planned Development
District (Oceanside)
Medium Density
(Oceanside)
Neighborhood Commercial
(Oceanside)

PH2 – Appeal of 552 West Bobier Drive Project
Project Summary
•Tentative Subdivision Map and Site
Development Plan to construct 15
single-family attached homes
•15 homes on 1.67 acres is
approximately 9 units per acre,
consistent with the General Plan (MD
allows up to 10 units per acre)
•Parking: 4 spaces for each home,
plus 5 guest spaces, 65 total
•24-foot-wide private road complies
with emergency access requirements
W. Bobier Dr
Open space
easement (ESA)
Stormwater
basins
Private road
maintained
by HOA
Attached
homes
(zero-lot
lines)

PH2 – Appeal of 552 West Bobier Drive Project

Appeal of 552 West Bobier Drive Project
Environmental Review & Planning Commission Hearing:
•A Mitigated Negative Declaration (MND) was circulated for public review from April 3, 2026, to May 4, 2026, which determined that the project would not result in any unmitigated significant environmental impacts. No comment letters were received. •On June 16, 2026, the Planning Commission discussed the site design and architecture, fire truck access, parking, the open space and rock outcropping, and the preservation of “frog rock.” The Planning Commission approved the project (Vote 6-0). •Appeal filed June 26, 2026. Reason: Ensuring the preservation of sensitive artifacts in perpetuity by amending conditions to include information relevant for the proper stewardship and preservation of sensitive artifacts.

PH2 – Appeal of 552 West Bobier Drive Project
Relevant Project Information:
•The Cultural Resources Report included mitigation measures to ensure: Archeological and Native American monitoring during grading; protocols for treatment of any cultural items discovered; and preservation in perpetuity of the
Environmentally Sensitive Area (ESA) open space easement to limit any potential impacts to cultural resources from ground disturbing activities.
•The Planning Commission approval of the project included the added condition, “The CC&Rs for the subdivision shall require the HOA to be responsible for the maintenance of the painted frog rock located within the ESA open space easement onsite, including but not limited to, as-needed paint application.” The developer/owner, Michael Schweitzer, agreed to this condition.

W. Bobier Dr

PH2 – Appeal of 552 West Bobier Drive Project
Photos provided by applicant.

PH2 – Appeal of 552 West Bobier Drive Project
•Adoption of Resolution 2026-__, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 552 W. Bobier Drive Project, Planning Case No. P24-0164 •Adoption of Resolution 2026-__, approving a Tentative Subdivision Map and Site Development Plan to construct 15 single-family attached residential units on a 1.67-acre site located at 552 W. Bobier Drive (APN 161-030-07-00)
Recommendation:

City Council MeetingAugust 11, 2026

Public Hearing:

Appeal of 552 West Bobier Drive Project
City Council MeetingAugust 11, 2026
Planning Case No. P24-0164

Blank slide followed by slides from the June 16 presentation:
•Fire truck turn exhibit
•Aerial
•Landscape
•Floor plans
•Applicable State Laws

PH3 – Bobier Drive Tentative Subdivision Map
Vacant 1.67-acre parcel
Access is from W. Bobier
Drive.

Approximately 30 feet of
elevation change, with
the highest point near
W. Bobier Drive and the
lowest point near the
southwest corner of the
property.

Project Site and
Surrounding Uses
Project Site
Single-Family Homes
Apartments
Apartments
Attached Homes
CIT
Y

B
O
U
N
D
A
R
Y

PH3 – Bobier Drive Tentative Subdivision Map
Landscaping:
•A minimum of 15% of the
site is required
(approximately 10,900
sq. ft.)
•Approximately 49.5% of
the overall site would be
maintained as landscape
area and open space
•Includes Environmentally
Sensitive Area which
would be protected from
future development

PH3 – Bobier Drive Tentative Subdivision Map
First Floor

PH3 – Bobier Drive Tentative Subdivision Map
Second Floor

PH3 – Bobier Drive Tentative Subdivision Map
Applicable Laws (Part 1)
o Senate Bill SB 330 (Housing Crisis Act (HCA) and the Housing Accountability Act (HAA) allow for the development of 15 residences consistent with the allowable density under the General Plan. Under these state laws, the city shall not require rezoning if a housing development project is consistent with the General Plan’s allowable density.
o The project site is currently designated by the General Plan as Medium Density Residential (MD), which allows for a maximum of 10 dwelling units per acre. The site is zoned R-1-B Residential, which requires a minimum lot area of 6,000 square feet. Given that the project site is approximately 1.67 acres in size, the General Plan MD land use designation would allow for a maximum of 16 dwelling units, whereas the R-1-B zone would allow for a maximum of 12 units.
o State law requires that the project be allowed to construct 15 residences as proposed by the applicant, consistent with the General Plan MD land use designation.

PH3 – Bobier Drive Tentative Subdivision Map
Applicable Laws (Part 2)
o SB 330 prohibits local agencies from denying projects that comply with the city’s objective standards, or conditioning such projects in a manner that reduces their density, unless the project would have an adverse impact upon the public health or safety or violate a specific state or federal law. o The HAA requires the city to waive objective development standards if their application to the project would prevent development of the allowable maximum density on the site and as proposed by the housing development project. Therefore, the City would not apply the following R-1-B Zone standards that would prevent physical development at the allowable maximum density as proposed by the project:
o Minimum side setback of 5 feet: Project proposes attached units (zero-lot lines) o Minimum lot size 6,000 square feet: Lot sizes range from 2,564 to 5,768 square feet. o Maximum lot coverage is 60%: The project proposes lot coverage of up to 77% (Lot 13).

PH3 – Bobier Drive Tentative Subdivision Map
Applicable Laws (Part 3)
Similarly, the HAA requires the city to waive the following subdivision design standards regarding lot area, width, and depth to accommodate the development at the density allowed under the General Plan and as proposed by the project:
o Every lot shall contain the minimum lot area specified in the zoning ordinance for the zone o An average lot size of 3,808 square feet is proposed instead of 6,000 square feet o Every lot shall be at least 50 feet wide exclusive of side yards required in the zone in which the lot is located measured at the building setback line
o 60-foot widths would be required. Lot widths range from 26 feet to 52 feet o Lot depth shall be at least 90 feet and shall be no greater than three times the average width o Some lots (10 of 15) have depths of 3.7 to 5-times their width, exceeding this ratio

PH3 – Bobier Drive Tentative Subdivision Map
General Plan consistency:
•Protect community character
•Quality design
•Adds to City’s overall housing supply for a variety of income and age groups.

Zoning Conformance & Objective Design Standards:
•The project would be consistent with the R-1-B development standards (maximum building height, minimum dwelling size, front & rear setbacks, minimum amount of parking stalls, etc.), except for standards waived per SB 330 and the HAA. •The project would comply with the City’s Objective Design Standards for site design, vehicular access, and landscaping.

PH2 – Appeal of 552 West Bobier Drive Project
•A Mitigated Negative Declaration (MND) was prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA), which determined that the project would not result in any unmitigated significant environmental impacts.

The MND was circulated for public review from April 3, 2026, to May 4, 2026. No comment letters were received.
•The project will be required to comply with the mitigation measures related to Air Quality, Biological Resources, Cultural Resources, Land Use Planning, and Noise are included in the project Conditions of Approval.

Environmental Review

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