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HomeMy WebLinkAbout1963-11-04 PC MINS MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA November 4, 1963 A regular meeting of the Planning Commission of the City of Chula Vista was held at 7:00 P.M. on the above date in the Council Chamber at Civic Center with the following members present: Stevenson, Stewart, Comstock, Johnson, Willhite, Adams and Guyer. Absent: None. Also present: Acting Planning Director Warren, City Attorney Duberg, Principal Engineer Harshman and Junior Planner Lee. APPROVAL OF MINUTES MSUC (Johnson - Comstock) Minutes of October 7 and 24, 1963 be approved, as mailed. REZONINGS PUBLIC HEARING: Charles Hazard - 150 Eeet East of Third Avenue on Madrona Street Mr. Warren submitted a plot plan explaining the location, adjacent zonings and land uses. He explained that this request was City initiated, because it was recently included in the Parking District. Under the present zoning, the property owner cannot meet the offstreet parking requirements with a public parking lot, but if rezoned to C-2, the adjacent public parking lot would serve their needs. At present, the lot has a single family dwelling on it. Under the R-3 zoning, the setback requirement is 15 feet; the staff recommends a 5 foot setback on this parcel to be more compatible with the com- mercial zoning. This being the time and place as advertised, Chairman Stevenson opened the public hearing. There being no comment, either for or against, the hearing was declared closed. Member Adams said there is good reason for granting this rezoning. It would provide a depth of about 200 feet and this is sufficient for commercial development. . It wouldn't extend east as far as Church Street, and Church Street has been established as the easterly limit of the commercial zone. RESOLUTION NO. 292 Resolut,i-on of the Planning Commission Recommending to MSUC (Guyer - Comstock) City Council Change of Zone for Property Located at the South Side of Madrona- Street, 150 Feet East of Third Avenue From R-3 to C-1-P and Change of Setback Line From 15 Feet to 5 Feet. Findings be based on the following: 1 . Property is presently in the Parking District. 2. It would give the Commercial zoning adequate depth from Third Avenue. 3. It will be compatible with the surrounding area. 4. This rezoning is for the general welfare of the public. PUBLIC HEARING (ContUY -Ross Willhite & R. B. Hammond, -- 4 Lots Bonita Bel -Aire -1- Member Willhite abstained from, the hearing. Mr. Warren reviewed the situation stating the matter was continued from the October 7 meeting to the November 4th meeting so that the Commissioners might have a chance to look over the Sketch Plan. The Sketch Plan will be delivered next week, the 14th of November. Mr. Warren suggests the matter again,be continued until the Commissioners have had a chance to study this plan, Member Willhite stated he had no objection, and suggested the first meeting in December. MSUC (Comstock - Adams) Public Hearing be continued until December 2, 1963. Member Willhite abstained from voting. PUBLIC HEARING - Small Annexation - Prezoninq_to R-3 and C-2 A letter from Mr. Cecil Sparling was read requesting the Small Annexation be prezoned as follows: Lots 4, 5 and a portion of Lot 12 be zoned R-3, and Lots 3 and a portion of Lot 6 be zoned C-2. Mr. Warren submitted a plot plan explaining the location, zoning and adjacent 1'and uses. Member Comstock asked about the frontage on Third Avenue; Mr, Sparling said they had 105 feet. This being the time and place as advertised, Chairman Stevenson opened the public hearing. There being no comment, either for or against, the hearing was declared closed. Member Comstock asked for the staff 's recommendations. Acting Planning Director Warren stated that the majority of frontage on Third Avenue in the County is zoned C-2 to a depth of 200 feet and not much of it is used for commer- cial . He indicated that the Commission recently approved substantial rezoning to commercial immediately north of this property. There appears to be no need for such a quantity of additional commercial land in this area at this time. Mr. Warren said he felt the entire Annexation ,should come in as R-3 or interim R-1 until such time as the applicant can find a need for commercial zoning; then he should come in and ask for rezoning. He added that they should try to discourage strip commercial zoning on thoroughfares. Vice-Chairman Stewart said the point was well-taken; unless you have the need .for more commercial land, the request was premature. He added the land would probably be lying vacant for yea.rs to come. Mr. Cecil Sparling stated he would sooner see the annexation come in as R-3 rather than R-1 . He said he would request C-1 or C-2 zoning at the time they feel the need. MSUC (Comstock - Willhite) Resolution of the Planning Commission Recommending RESOLUTION NO. 293 to City Council the Prezoning of Small Annexation to R-3 Findings be based on the following: 1 . The area is well suited to higher density residential development. 2. It is compatible with the existing zoning in the area. PUBLIC HEARING - Hilltop and "G" -- R-1-13-12 to R-1 Mr. Warren explained this was initiated by the Commission at the request of the City -2- Council . 1­16submitted a plot plan noting the existing lot sizes in the immediate area, the majority of which substantially conform to the present zoning. The non- conforming lots were created before the R-1-B-12 zoning was applied or by variance. This being the time and place as advertised, Chairman Stevenson opened the public. hearing. Mr. Duane Wilson, attorney representing H. Keith Osborn, owner of a parcel to be re- zoned, stated he has studied the situation at great length. He then discussed the zoning history of the .property contained within the general area. According to the ordinance, Mr. Wilson continued , good zoning allows property owners to develop their property to the best advantage without being detrimental to the public. He stated that the present zoning does not allow this and recommends the rezoning be approved. Mr. Morrie Weakland, 362 Hilltop Drive, Mr. Warren Anderson, 376 Hilltop Drive, and Mr. Ernest Cooper, 370 Hilltop Drive spoke in opposition, stating as their reasons: Most of the homes in the area are large and expensive; the proposed change and the type of house that would be encouraged would downgrade the resale value of the homes now there; if the rezoning goes through, other people would split their lots and this area will turn out to be densely developed. There being no further comment, either for or against, the hearing was declared closed. Member Adams commented that the rezoning would accomplish nothing but tear down what the Planning Commission is trying hard to accomplish for the area. Chairman Stevenson agreed, saying it would also increase traffic on the easement. Vice-Chairman Stewart said that although the attorney talked about 5 lots conforming and 4 non-conforming, actually the case really hinges upon one lot. If the Commission rezoned this, they would be setting a precedent, leaving the field open to anyone else in the area that wished to split their lot. MSUC (Adams - Guyer) Rezoning be denied. Findings be based on: (1) Proposed zoning would be incompatible with the development on the land and on the adjacent land. (2) It would not be good zoning practice. To Be Set for Public Hearing -- Allen Cromer Annexation Prezoning Mr. Warren submitted a plot plan explaining the location of the annexation and the request that the area come in as R-1-B-20 and R-1-A. RESOLUTION NO. 295 Resolution of Intention to Set a Public Hearing for MSUC (Stewart - Johnson) November 18, 1963 to Consider Prezoning for the Allen-Cromer Annexation to R-1-13-20 and R-1-A CONDITIONAL USE PERMITS PUBLIC HEARING - Immanuel Evangelical Luthergn,,,Church The application was read in which a request was made for permission to use the dwelling located at 395 "D" Street as a Church and Christian Day School . Mr. Warren submitted a plot plan noting the adjacent land uses and zoning. He stated there is a 25 foot setback on "D" Street and 30 feet on Fourth Avenue. The applicant, proposes to use the dwelling for a period of 2 years. This being the time and place as advertised, Chairman Stevenson opened the public hearing. . -3- Dr. Ben Bryant, President of the Church group:; spoke about the Day school , saying they . plan to have about 20 children. At present, the congregation consists of 40 members, and they would need about 100 members before looking for another location. As the con- gregation grows , they would have twoor three services on Sunday instead of one. Member Guyer asked if the two trees in the parking area would be removed and the area black-topped. Dr. Bryant said he plans to make no change whatsoever. At present, the congregation is meeting at the Glen Abbey Chapel , and they get a total of 4 to 7 cars coming to the service. The area at the proposed site is adequate for their parking needs. Those speaking in opposition were: Neil Kraus , owner of the property at 91 Fourth Avenue, and Mr. Charles Sykes , Jr. , 388 "D" Street, living next door to the proposed Church. Their reasons were: There is a problem living next to a church; too many churches in the immediate area; invasion of their privacy. There being no further comment, either for or against, the hearing was declared closed. Member Willhite stated the.area south of "D" Street was very heavily populated as R-3. There is a parking problem in the entire area. Adequate offstreet parking should be provided. Member Comstock commented that the lot contains 14,000 square feet and putting 20 children here for a Day School , plus the recesses and recreational periods , puts too heavy a burden on this parcel . The site is too small for its proposed use. Chairman Stevenson questioned the possibility of having school .guards on Fourth Avenue to protect the children getting out of cars , since the street is so heavily trafficked. Dr. Bryant answered that they do not. plan to have any. The Commission discussed the parking and Member Adams said this would have to be worked out as the ordinance requires 1 space to 5 seats. He felt this was a reasonable request for a temporary use as a church, and the, Commission should help churches in this re- spect. Chairman Stevenson said the problem was not with the church, but with the Day School . Vice-Chairman Stewart remarked that he was in complete agreement with using the site on a temporary basis; however, not in favor of using this site permanently. As the Day School grows in enrollment, more room would be needed; the area- should be fenced, etc. Mr. Stewart added that a condition should certainly be imposed limiting the use of the site to a period of two years and also limiting the number of children attending the school . Dr. Bryant said this should be considered cost-wise. They plan to have a tuition payment of $20.00 per month for each child; between 12 and 14 students would be their,. breaking point. In the future, they- hope to acquire 3 to 5 acres to construct a school . . Their Sunday service is from 10 a.m. to 11 :30 a.m. They have one evening meeting for the men of the church, which takes place once a month. Chairman Stevenson remarked that if the limit is imposed on the number of children, and they reach this limit before being able to find larger quarters , they could come back to the Commission and ask for an extension. MSC (Stewart - Guyer) Conditional Use Permit be granted subject to the following con- ditions: -4- 1 . Operation of Church and Day School not to exceed a period of two years. 2. Day School be limited to not more than 35 pupils. 3. Parking place be altered to provide adequate and accessible parking for nine (9) cars behind the setback. 4. Parking place to be cleared, surfaced and marked. 5. Parking place be surfaced with oil or decomposed granite, since concrete is too expensive for a two-year period. 6. Access to the parking area to be worked out with the Planning staff. 7. In view of its proximity to the residential area, evening activities shall cease by 10 p.m. Further, findings be based on the following: 1 . That the granting of the conditional use permit will not be materially detrimental to the public health, safety or welfare. 2. The characteristics of the use proposed are reasonably compatible with the types of use permitted in the surrounding area. The motion carried by the following vote, to-wit: AYES: Members Stewart, Johnson, Willhite, Adams and Guyer. NOES: Members Comstock and Stevenson . ABSENT: _ None PUBLIC HEARING: Gulf Oil Corporation of California - Northwest Corner of Third and "K" The application was read in which permission was asked to locate a Wilshire Service Station on the corner of Third and "K" Street. They request that completion of con- struction not be required until April 20, 1965. Acting Planning Director Warren submitted a plot plan showing the adjacent land uses and the existing zoning in the area. The tavern on the premises would be relocated. This being the time and place as advertised, Chairman Stevenson opened the public hearing. Mr. Ralph L. Ullam, district manager of Wilshire Oil Company, 3525 Estudillo Street, San Diego, stated the existing station on the premises is closed and has been for about two years. This proposed station would be an improvement for the area. Member Comstock asked why they wish to have this extended until April of 1965. Mr. Ullam explained that the tavern owners have a lease on the property which will expire on the 1st of October, 1964. They would have to wait out the lease before they can begin construction. There being no further comment, either for or against, the hearing was declared closed. The Commission discussed the problem of waiting two years for this use to expire, and Vice-Chairman Stewart stated he saw nothing wrong with it since the public welfare and -5- City interest were not in jeopardy. MSUC (Guyer - Adams) The Conditional Use Permit be approved subject to the following conditions. 1 . Any flood-type lighting shall be so arranged that it does not project across the interior property lines. 2. An area with containers shall be provided for waste and trash. 3. Construction shall begin within two years from this date. 4. Entire area shall be surfaced with asphaltic concrete. 5. Signs shall be limited to those shown on the plot plan, and no flashing light signs. 6. Outdoor sales and displays shall be limited to those items normally accessory to service station business. VARIANCES: - PUBLIC HEARING (Cont 'd) - H. Lindemood - 271 Church Avenue Mr. Warren reported that Mr. Lindemood 's request for variance for an R-3 use in the C-2 zone, to build a guest house on his lot, has been withdrawn. The Commission concurred that no further action need be taken on the matter. PUBLIC HEARING - South Bay Memorial Hospital - 435 "H" Street The application was read in which a request was made for permission to erect a 15 square foot sign with a maximum height of 11 feet; the base of the sign to be located 42 feet from the edge of the sidewalk. The front setback is twenty-five feet. The Commission discussed the former variance granted to Dr. Leo J. Cogen for this hospital in January, 1961 . Approval was granted for a sign not to exceed 20 square feet with a maximum height of 12 feet to the top of the sign. This variance has since expired. MSUC (Comstock - Stewart) Variance be approved. Findings are as follows: 1 . Property to the east has a zero setback which obstructs the view of the entrance to the hospital for emergency type vehicles. 2. The exceptional circumstances are that the nature of the use involved is such that an identification sign must be so placed as to be visible at all times. 3. Granting this variance is necessary for the preservation of the substantial property right of the applicant. 4. It will not be materially detrimental to the public welfare or injurious to the property improvements in the zone -in which the property is located. AMENDMENTS TO ZONING ORDINANCE PU;gLOC HEARING (Cont'd) - Amendment to Section 33.32 - DRIVEWAYS Mr. Warren summarized the amendment explaining that it was continued because of the -6- question of height clearance. A new wording to the amendment has been drawn up. The proposed amendment was then read. Member Willhite questioned the wording "horizontal curve radii ." Mr. Warren explained this was set up to assure access for any fire truck. Mr. William Harshman, Principal Engineer, said this would also vary with the type of driveway. Member Willhite then questioned the wording: "distance of 5 feet on both sides of the centerline of the driveway," stating that if the trucks can only travel 5 feet, why the extra room. Mr. Warren said the extra room was for opening the truck doors and man- euvering. Mr. Willhite asked if they needed a driveway for this or just some extra area. He added the cost of driveways was very high. As to the "horizontal radii" Mr. Willhite said it should state a specific dimension and not be left for staff dis- cretion, so that a property owner would be clear on requirements when a project is proposed. Mr. Harshman challenged this , stating the average citizen would not be the one to lay out an apartment complex. Vice-Chairman Stewart agreed commenting that the developer would hire an architect and engineer; he would then take an option to buy the property and study the entire thing, building the apartments around the ordinance. Member Willhite said he was not protesting the ordinance; he merely wants more clarifi- cation. He then questioned the application of such an ordinance exclusively to R-3 developments. Mr. Warren said he felt that such ordinances should not involve restrictive detail , but should be flexible enough as to leave some room for discretion on the part of the staff. This allows for greater freedom of development. Member Adams said he felt the amendment was definite enough as submitted. The Commission then discussed the "distance from the established city curb line to any part of the building or buildings exceeds 150 feet." City Attorney Duberg asked whether the Commissioners shouldn't state something here about the truck overhang. Mr. Warren reminded the Commission that whoever would be checking these plans would have the dimensions of the fire trucks and equipment at his disposal . Member Comstock asked whether or not the City! Attorney had approved the amendment as submitted and was told that the amendment- had not been referred to the Attorney. Member Guyer felt the matter should be continued for further study. MSUC "(Comstock - Willhite) Matter be referred back to the Planning, Engineering and Fire Department for further study. SUBDIVISIONS Aletha Park - Final Map Mr. Warren submitted a plot plan showing the location of the subdivision. There are a total of 20 lots. He stated the map meets the requirements set forth for approval of the tentative map. Mr. William Harshman, Principal Engineer, gave the following Engineering recommendations: 1 . Grant deeds for the right-of-way necessary to complete the cul-de-sac at the Northerly end of Cedar Avenue shall be submitted in approved form prior to action upon this final -7- map by the City Council . 2. A cash deposit bond shall be posted in sufficient amount to guarantee future in- stallation of approximately 10 feet of public improvements at the Westerly end of Sierra Way as''-.shown upon the subject map. MSUC (Stewart - Comstock) Final map be approved subject to the two Engineering recommendations. El Dorado Plaza - Final Map Mr. Warren submitted the tentative map and explained the zoning approved by the Com- mission at a previous meeting. Mr. Warren added that they are not ready to go ahead on this , because the subdivider was not present. He asked that it be continued. MSUC (Comstock - Willhite) Matter be continued until the meeting of December 2, 1963. Palomar Plaza - Tentative Map A letter was read from Mr. H. Ralph Lovett, Engineer for the Subdivision, requesting a continuance until the second meeting in January, 1964 - (the 20th) . MSUC (Comstock - Johnson) Matter be continued until the meeting of January 20, 1964. MISCELLANEOUS Bonita Bel-Aire Name Change Mr. Warren gave a brief resume on the history of this matter. The subdividers have requested the Spanish street names given the subdivision be changed. They requested the names of their children be taken as the names of the street. The Commission asked the subdividers to meet with the staff and try to come to some agreement. Mr. Warren stated he had met with the subdividers and they were unable to come to an agreement. A letter from Mr. Jerry Hart was read stating that they are withdrawing their request for the name change. The Commission discussed the name change and concurred that they would take no further action on the matter. Mr. Duberg asked that the records show that the subdividers withdrew their request. MSUC (Stewart - Comstock) Since the subdividers have withdrawn their request for street name change, the Commission will take no further action on the matter. Special Planning Commission Meeting - November 14, 1963 Mr. Warren stated that the Consultant is ready to deliver the sketch plan on November 14. The three Consultants: Mr. Syd Williams , Mr. Corwin Mocine and Mr. Ken Millard will be here for the presentation. This involves calling a special meeting of the Planning Commission. The meeting will be the initial presentation of the Sketch Plan; no action will be taken at this meeting. Mr. Warren added that he will send out letters to all citizen's committee members, City Council and a notice to the newspapers. He further stated that there will be a report along with the map. Following this.will be a series of meetings , and this will be explained to the people at the meeting. -8- Vice-Chairman Stewart felt that questions of a general nature should be allowed. RESOLUTION NO. 294 A Special Planning Commission Meeting Be Called for (Comstock - Willhite) November 14, 1963 for the Presentation of the Sketch Plan. COMMUNICATIONS Ratner - Deferral of Public Improvements A letter was read from James F. Weber, architect for the Ratner Manufacturing Company, asking for a deferment of street improvements in front of property on "L" Street. A letter from Mr. William Harshman, Principal Engineer, was read in which the Engineering Department recommends the deferral of installation of improvements on the basis that it is impractical to make such installation at this time. Improvement of "L" Street is anticipated as starting within this fiscal year. Mr. Harshman suggested a lien against the property be made in the amount of $7,000.00 to insure future installation of the improvements. MSUC (Stewart - Comstock) Approval of deferral of public improvements subject to a 30-day written notice from the City Engineer, with the condition that a lien, bond, or cash deposit be given to the City in the amount determined by the Engineering Department as sufficient to cover the cost of these improvements. League of California Cities Monthly Meeting - November '15 , 1963 A letter was read stating the next meeting of the League of California Cities would be held at the Atlas Room of the Town and Country Hotel at 7:30 P.M. on Friday, November 15, 1963. Subject will be the "Brown Act." ADJOURNMENT MSUC (Comstock - Johnson) Meeting be adjourned to the Special Meeting of November 14, 1963. Respectfully submitted, Jennie M. Fulasz Secretary