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HomeMy WebLinkAbout1963-07-01 PC MINS MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA July 1 , 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, Weakland , Willhite, Adams and Guyer. Absent: None. Also present: Director of Planning Fretz, Assistant Planner Warren, City Attorney Duberg and Principal Engineer Harshman. ELECTION OF OFFICERS MSC (Guyer - Willhite) Chairman Stevenson be renominated for a second term. MSC (Comstock - Stewart) Secretary cast unanimous ballot for Chairman Stevenson. MSC (Comstock - Willhite) Vice-Chairman Stewart be renominated for a second term. (Stewart) Member Comstock be nominated. (Adams) Member Guyer be nominated. Member Comstock asked that his name be withdrawn from the nominations. Vice-Chairman Stewart withdrew -his motion. MSC Nominations be closed: (Adams - Willhite.) City Attorney submitted ballots to each Member and the vote reelected Vice-Chairman Stewart. APPROVAL OF MINUTES MSUC (Guyer - Comstock) Minutes of June 17, 1963 be approved, as mailed. AMENDMENTS TO ZONING ORDINANCE Because of the large number of people attending the meeting with reference to the proposed amendment, Planning Director Fretz asked that this be heard first. Mr. Fretz stated that many people including members of the Commission and the City Council have expressed concern as to the number of smaller houses being built in the City. He said the staff has studied the situation and would recommend that the Commission pass a Resolution of Intention to hold a public hearing on an amendment to the R-1 zone raising the minimum floor area to 1300 square feet. Mr. Fretz also suggested that the word "five" in the zoning ordinance definition of a family be changed to "three." Mr. C. McCandless , 846 Halecrest Drive, said the residents of the area were concerned over the "rumor" that the area adjacent to the east was going to be developed with low-cos.t homes and they would like to see homes put in here comparable to those already constructed. Several protests were heard from people in the audience as to grading, recourse the -1- people can take, methods of trying to get the builder to construct a nicer looking exterior, etc. Chairman Stevenson reminded the residents that the Commission is just setting a public hearing tonight--the people can come back and register all ;their protests at the time of the hearing. Planning Director Fretz commented that the subdivision map will be heard on the 15th, and on the 23rd the City Council will act on it. Only then can the final map be brought in and lots recorded; therefore, it will be the middle of August, at least, before houses can be started. Mr. Frank Whittington asked if this would be a blanket amendment, restricting all R-1 lots in Chula Vista. Chairman Stevenson said that as it now stands, it would. RESOLUTION NO. 271 Resolution of the Planning Commission of MSUC (Comstock--Stewart) Their Intention to Hold a Public Hearing on July 15, 1963 to Consider Amendments to Zoning Ordinance REZONING PUBLIC HEARING - Broadway Annexation No. 3 - Permanent C-2-P Zoning Planning Director Fretz explained this was set for public hearing by the Commission. Assistant Planner Warren submitted a plot plan and explained the zoning, stating this was brought into the City as interim R-1 . This being the time and place as advertised, Chairman Stevenson opened the public hearing. There being no further comment, either for or against, the hearing was declared closed. RESOLUTION NO. 272 Recommending Approval of Permanent C-2-P Zoning MSUC (Adams - Guyer) and Five Foot Building Setback Line on Broadway and Arizona Street for Broadway Annexation No. 3 Findings be based on: 1 . Good zoning practice, because it abuts C-2 zoned property on three sides and fronts on a business street. PUBLIC HEARING - F. L. Whittington Application was read in which a request. was made for a zone change from C-1 to R-3 for property at 329 "J" Street. Assistant Planner Warren submitted a plot plan explaining the location and the sur- rounding land uses. This being the time and place as advertised , Chairman Stevenson opened the public hearing Mr. Frank Whittington, the applicant, explained the development which he proposes, stating the area is large enough for 90 units but he only plans to put in 27. The reason for the rezoning was to permit them to put shake shingles on the building, which they cannot do in a C-1 zone. -2- Opposition was stated by: Mrs. Bisheimer, 352 "J" Street, Forrest Baker, 673 Garrett Avenue, Paul Yeager, 414 "J" Street, Mr. Roland Mott, 170 Minot Street, Mrs. R. Ha- zelwood, 674 Landis Avenue, and Mrs. E. LeMar, 675 Landis Avenue. The objections were: offstreet parking - not enough for guest parking; moral reasons as to the type of people renting these apartments; no assurance as to whether Mr. Whittington will put in 27 units instead of 90; too many apartments in Chula Vista; rather have C-1 because there would be less traffic and less noise. Vice-Chairman Stewart said he took exception to the statement "too many apartments" in Chula Vista. The reason the Commission denied a multiple-dwelling request at the last meeting was because they felt it was "spot zoning." Chairman Stevenson added the Commission also feels there is too much commercial zoning in Chula Vista. Mr. Whittington stated he has spent several thousand dollars on plans for the develop- ment, and -can assure the people he will not alter them by putting in 90 units instead of 27. He added each unit has a carport plus an extra parking space. There being no further comment, either for or against, the hearing was declared closed. Member Comstock said this area has been an eye-sore for several years and the pro- posal is for 1100 square foot units which will be of the type that a family of 4 or 5 children will not be able to afford to rent. He added that he felt with the "D" zone attached, this would be a very good development for the area. Member- Adams agreed. Chairman Stevenson commented that if this was developed C-1 , it could set a precedent to run commercial all the way to Broadway from Third Avenue. RESOLUTION NO. 273 Recommending to City Council the Change of Zone MSUC (Stewart - Comstock) From C-1 to R-3-D for Property Located at 329 "J" Street Findings are based on the following: 1 . Good zoning practice. 2. Makes transition between commercial zoning on Third Avenue and the R-1 zoning to the west, PUBLIC HEARING: F. D. Longworth - J. M. Burkhart The application was read in which a request was made fora change of zone for property at 426 and 428 "F" Street from C-2 to R-3. It further requests reduction of building line for 430 and 432 "F" Street from 25 feet to 5 feet. Assistant Planner Warren submitted a plot plan of the location noting the zoning and surrounding land uses and setbacks. This being the time and place as advertised, Chairman Stevenson opened the public hearing. Mr. Albert Boyer, attorney representing the applicants, stated his clients propose to put multiple dwellings of 28 to 32 units here. They will be two-story units, but because of the land being lower in the back, only one story will show. They will be the Towne House type with living area downstairs and bedrooms upstairs. He added that they are requesting a reduction to 5 feet on the westerly 110 feet so that they will have a uniform setback on both parcels. -3- Member Willhite questioned the floor area per unit. Mr. Boyer stated the smaller units will be 945 square feet and the larger one 1245 square feet. The total site area is 41 ,900 square feet. Mr. Fred Longworth, one of the applicants , stated that 28 units was the maximum that they are considering, because they want "low-density" type housing. Objections were raised by: Mr. Eugene Copp, 438 "F" Street, Mr. W. Kersey, 436 "F" Street and Elizabeth Green, speaking for Morris and Green, operators of the minia- ture golf course next to the property. They stated as their reasons: 5 foot set- back would be detrimental in that all other buildings have held to the 25; foot setback; the rezoning would not be consistent with long range use of the total property. In answer to Member Willhite's question as to when this was last rezoned, Mr. Fretz said the property was rezoned approximately three years ago from R-3 to C-2. Member Willhite felt it would be "spot zoning" as the adjacent area is C-2. Vice-Chairman Stewart asked for the staff's comments. Planning Director Fretz commented that this adjacent area was completely undeveloped when the Commission rezoned it to allow the golf course to go in, recognizing that this was probably just an interim use of the land. He said that it is entirely possible that the adjacent commercially-zoned land may some day be found to be more valuable as R-3 property and he could not foresee any objection to the rezoning. Chairman Stevenson asked if this immediate area should be studied for R-3 use. Mr. Fretz stated he couldn 't see the need of this at this time. Member Comstock asked about the drainage in the rear of the property. Mr. Longworth pointed out the location on the map, and said they intend to enclose the drainage way. Member Comstock commented that in view of the drainage ditch problem, he may have an excessive setback as they are losing area in the back of this property because it is not feasible to develop. Member Adams said he agrees 100 % with the rezoning but objects to the reduction in setback, because this Civic Center area has always had an "open" character and all other buildings to the west have lived with the 25 foot setback. Mr. Boyer pointed out that the Postoffice has a zero setback, and it doesn 't make the street look narrow because the street right-of-way is 80 feet. Member Adams asked for the Planning Director 's comments as to the setback. Mr. Fretz stated the area around the Civic Center does maintain this "openness" which shouldn 't stop just with the governmental buildings. Member Willhite questioned whether this was "spot zoning." Member Adams stated he felt it was not, since it adjoins R-3 on one side. Chairman Stevenson said he could foresee where this entire area would eventually be zoned R-3. Member Adams felt the setback should be graduated - say, to 15 feet. Member Guyer agreed. Member Comstock asked the applicant what the minimum setback would be that he could settle for. Mr. Longworth stated this was difficult to answer - an architectural study would have to be made, but if it was set back too far, it would spoil the looks of the development. Mrs. Green asked if the rezoning from C-2 to R-3 would retain the 5 foot setback. -4- Mr. Fretz stated the answer is "yes"; that the side and rear setbacks take on the zone setbacks;setbacks; however, the front yard does not. There being no further comment, either for or against, the hearing was declared closed. Chairman Stevenson said he felt the drainage problem was a feasible one in asking for the front setback; however, he added it was not a hardship as other property similar in character and near-by has been developed R-3 and still maintained the required setback. Member Adams commented that a reduction in setback would be injurious to the property to the west. RESOLUTION NO. 274 Recommending to the City Council the Change of Zone MSC (Adams - Guyer) for Property at 426-28 "F" Street from C-2 to R-3 Findings are based on the following: 1 . Good zoning practice, as the lot is abutted on the west side by R-3. 2. It would form a buffer between R-3 and C-2. Further, the request for reduction of building line from 25 feet to 5 feet be disap- proved. The motion carried by the following vote, to-wit: AYES::- Members Adams, Guyer, Stewart and Stevenson. NOES: Member Comstock: Against the setback line - would like to see a more lenient setback considering commercial zoning to the east. Member Weakland: Against the setback line - feels it is not consistent to have 5 feet on one and- 25 feet on the other. Member Willhite: It is "spot zoning." ABSENT: None PUBLIC HEARING - Saburo Muraoka The application was read in which a request was made for a change of zone from R-1 to R-3 and change in building line on Second Avenue from 25 feet to 15 feet. Assistant Planner Warren submitted a plot plan explaining the adjacent zoning and land uses. This being the time and place as advertised, Chairman Stevenson opened the public hearing. Saburo Muraoka, the applicant, explained the request was made because of the excessive drainage costs of developing this land. In the future, he hopes to construct duplexes here. Roy Muraoka , son of the applicant, said this was a large lot and practical for R-3 use. There being no further comment, either for or against, the hearing was declared closed. Member Comstock asked the applicant when he plans to build. Mr. Muraoka said he had no plans as yet. -5- Member Adams stated this would be ''spot zoning'' as the surrounding area is all residential . Vice-Chairman Stewart commented that zoning has to follow a pattern in the public interest, and it would be premature to do any rezoning at this time as the only development in the area is single-family residential . The Commission concurred. Mr. Muraoka asked if the Aardema property (40 acres) near his was zoned C-l . Mr. Fretz said the City did commit,-themselves to commercial zoning, but it was predicated upon Aardema 's filing a final subdivision map, and since no map had been filed, the zoning has stayed R-1 . MSUC (Guyer - Adams) The request for the zone change and the reduction of building line be denied. Further, the findings be based on the following: 1 . If approved, this would constitute ''spot zoning.'' 2. It is not compatible with the surrounding area. r 3. It is premature at this time to consider a less restricted zone until such time as the area is more developed. CONDITIONAL USE PERMITS PUBLIC HEARING: Mr. and Mrs. Robert R. McAllister - 173 Fourth Avenue - Funeral Home The application was read in which a request was made for a conditional use permit for property at 173 Fourth Avenue in order to establish a Funeral Home. Assistant Planner Warren submitted a plot plan and explained the surrounding land uses. He also showed a more detailed plan of the development, noting 22 parking spaces were indicated; however, there was ample room for more parking, still main- taining the required setbacks. Member Adams asked how the Commission could possibly consider this application in view of the resolution passed at the last meeting permitting mortuaries as conditional uses in R-3 zones only where they would be adjacent to commercial zones. Chairman Stevenson said the Commission could amend this resolution, if they chose to do so. Member Comstock said he basically agrees with Member Adams. He said it was his intent in making the motion to consider a funeral home only as a transitional use and not as a blanket use. City Attorney Duberg told the Commission they were bound by this resolution and if this was not their intent, they should change the minutes before opening the public hearing. Member Adams said there was no doubt but that the minutes correctly stated what the motion was , but he questioned that this was the intent of the entire Commission. He added that he felt the location for a mortuary should be considered by the Commission on its own merits, the same as other Conditional Uses are. He added that he feels -6- the resolution should be amended in order to eliminate the requirement that the property must be adjacent to commercial to be considered at all . Mr. Adams said this condition was not discussed in the motion, and it took some of the Commissioners by surprise when it came out in the motion. Member Comstock said he disagreed stating he pointed out that churches , schools , real estate offices , etc. , should all have a criteria by which they should be con- sidered. Planning Director Fretz said he recalled Member Comstock talking about the transitional use aspect, but when he made the motion, he made a precise stipulation rather than a general condition. Chairman Stevenson asked for the Commission 's feelings on the resolution. I Vice-Chairman Stewart said he was concerned over the traffic problems this would create. For a service, there could be up to 200 cars and this is not unusual . He said he was in favor of criteria A. Member Weakland claimed he didn 't remember all of the parts of the criteria. Member Willhite had no comment. He was not present at the last meeting when this motion took place. Member Guyer said he was generally in agreement with the motion but didn't fully understand criteria item A. Member Adams moved the resolution passed on June 17th to permit mortuaries in R-3 zone, subject to conditional use permit, including four conditions be revised so that criteria #4 would read: "Will be considered for a conditional use permit as a transitiona use. The Commission discussed transitional uses as pertaining to the ordinance, and Member Adams said he would prefer to have item #4 eliminated entirely from the motion, and made a motion to that effect. The motion died for lack of a second. This being the time and place as advertised, Chairman Stevenson opened the public hearing, stating that he could see no reason why the Commission should not consider the application; that there have been other applications considered that did not meet ordinance requirements. Mr. Robert McAllister presented his views on why he pursued the matter this far. He said he wasn 't fully aware of the stipulation that his property had to abut commercial . His present property (666 Third Avenue) was zoned R-1 and the Commission granted him a zone change here in order for him to have the mortuary at this location. He said he visited all adjacent property owners there and found the following objections: (1) Psychological . To the best of his knowledge, everyone .who felt this way at the beginning has since changed their mind, (2) An operation of this nature tends to devaluate property. In his present location, adjacent to his property, $30,000 homes have gone in, and in two cases he knows of, they have resold for more than the original price paid. (3) It affects the occupancy of apartments. Across the street from his present location is an apartment building, and the occupancy here is higher than most places in the entire city. -7- Mr. McAllister also made the following statements: 1 . The proposed location makes this an ideal place for a mortuary - the house is of sound construction and by building an addition to it would suit his needs. 2. The owner of the apartments immediately to the south has no objection to a mortuary going in here; he has informed all his tenants and no one has expressed any objection. 3. Property to the north is vacant. The owner proposes to build apartment units here; Mr. McAllister said his facility would be removed from this development as to not cause any undesirable situation. 4. The addition proposed will set back off the street - there will be a double driveway on the south, and the landscaping will be very appealing. 5. Parking spaces comply with the ordinance. At the previous meeting, Mr. McAllister continued, the Commission categorically placed funeral homes in certain areas which imposes a hardship on most morticians because of the long range investment and high cost of land. The nature of the work is more compatible to residential areas, The Commission asked Mr. McAllister to note some mortuaries in an R-1 zone. He cited the one next to Balboa Park in San Diego and a new one in Pacific Beach. The Com- mission then discussed the type of business a mortuary could be classified as, and Mr. McAllister commented that he considers it more professional than commercial . The traffic problem was then discussed; 25 cars were stated by Mr. McAllister as an average for a funeral service. Mr. Robert Cordova, businessman, objected to the use stating that he spent $100,000 on the adjacent vacant property. He and his partners plan to invest over a half- million dollars on this development, and after talking with the lending agency and informing them that a mortuary may go in next to this property, they decided to take the loan `.'under advisement." Mr. William Hummell , 164 Fourth Avenue, presented a petition signed by 11 property owners protesting the proposed mortuary; their reasons were ''spot zoning'', deprecia- tion of the value of their properties , traffic and parking problem, should be flanked on one side with commercial . Mrs. Jean Campbell , real estate broker, spoke in favor of the mortuary, and explained how they propose to develop the property. Mr. Paul Yeager, 414 "J" Street, Mrs . Ruth Rouse, 156 Fourth Avenue, and Mr. Norman E. Hale, 173 Glover,Avenue, spoke in- opposition stating Glover Avenue is a dead end street and the children use the road for a playground, and that it would create a traffic problem. There being no further comment, either for or against, the hearing was declared closed. Member Willhite said he was concerned over the children playing in the road. As to the traffic problem, die stated Mr. Hale was concerned about the offstreet parking, and has provided none at all for the apartment house he owns. -8- Member Comstock said he regrets any misunderstanding on his intention in putting criteria item #4 into the motion. He thought it was quite clear. MSC (Comstock - Stewart) The conditional use permit for the mortuary be denied. Findings be based on the following: 1 . It does not meet the criteria set up in Resolution No. 270 passed on June 17, 1963, and in particular Item No. 4 of the criteria. The motion carried by the following vote, to-wit: AYES: Members Comstock, Weakland, Stevenson, Willhite, Guyer and Stewart. NOES: None ABSENT: None Member Adams abstained from voting because he was not in harmony with the action in its entirety. Vice-Chairman Stewart asked if these conditional use permits would be ''over-hauled'' in the new master plan. Planning Director Fretz said only in the implementation involving a new zoning ordinance. He felt it was wrong to single out this one con- ditional use, as the Commission did tonight, and-especially making the criteria so detailed and specific. He asked the Commission to give this more thought. SUBDIVISIONS Holiday Gardens - Final Map. Planning Director Fretz asked that this be held until the next meeting because the Engineering Department has not completed the check of the improvement plans. Crofton Grove - Tentative Map Planning Director Fretz explained the tentative map. A list of the planning and engineering recommendations were presented to the Commission. Mr. Fretz said he seriously doubts°whether the Commission should accept this map since they did approve and the Council passed, the amendment prohibiting residential uses in commercial zones. City Attorney Duberg said the Commission should request someone representing the subdivision to speak in favor of the map, and added that since the map was filed on June 3 , action would have to be taken at this meeting. Planning Director Fretz stated the lot pattern which was set forth was not suitable for the present zoning of the area. MSUC (Stewart - Willhite) The tentative map of Crofton Grove Subdivision be denied. Findings be based on the following: 1 . The pattern of lots set forth is not suitable for the present zoning of this area. 2. The Planning Commission has denied a request for rezoning to R-3. MISCELLANEOUS -9- M. K. Kenworthy - 276 "K" Street - Extension of time on variance. A letter was read in which an extension of one year was asked on the variance per- mitting a flower stand on the property at 276 "K" Street to remain. Vice-Chairman Stewart raised the question of whether the flowers were being purchased or grown on the property, as previously. Planning Director •Fretz said the previous extension expires on August 2, 1963 , and the staff will have time to look into this. MSUC (Adams - Comstock) Continue this matter until the meeting of July 15 , 1963. Findings of Planning Commission Denial of Zone Change - ,lames M. Banister - West Side of Woodlawn Avenue, North of "F" Street The findings were read in which an appeal was made on the decision of the Planning Commission in denying a request for a change of zone from C-2 to R-3 in order to divide the property into 28 multiple-family residential lots. Member Comstock requested the statement the Commission made concerning the railroad tracks on two sides of this property be put into the findings. Planning Director Fretz felt the statement about its proximity to industrial and commercial zoning should be put into the findings. MSUC The following statements be added to the findings: (Comstock - Adams) 1 . The railroad tracks on two sides of this property make an R-3 development here incompatible. 2. The proximity to industrial and commercial zoning makes the property ideal for light industrial but undesirable for residential . Member Willhite was excused from the meeting at this time. Mr. Cecil Spirling, 944 Third Avenue, real estate broker, asked if the criteria set up by the Commission for mortuaries included .churches. He was informed that they did not. ADJOURNMENT MSUC (Weakland-Guyer) The meeting adjourn to July 15, 1963. Respectfully submitted, Jennie M. Fulasz Secretary