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HomeMy WebLinkAbout1963-08-05 PC MINS r MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA August 5, 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 and Adams. Absent: Members Willhite and Guyer. Also present: Assistant Planner Warren, Junior Planner Lee, City Attorney Duberg and Principal Engineer Harshman. APPROVAL OF MINUTES MSC (Adams - Weakland) Minutes of July 15, 1963 be approved, as mailed. Member Comstock abstained from voting because he had not received a copy of the minutes. CONDITIONAL USE PERMIT PUBLIC HEARING - Dr. Stanley E. Monroe_ The application was read in which a conditional use permit was requested for four lots on the west side of Church Avenue, south of Kearney Street to allow applicant to build and operate a convalescent hospital . Assistant Planner Warren submitted a plot plan explaining the location of the property and the adjacent land uses. Mr. Warren also presented the proposed plot plan. He then presented the staff's recommendations, as follows: 1 . All parki'ng areas shall be surfaced with 2 inch asphaltic concrete and spaces clearly marked, according to Planning Department study. 2. A 42 inch high masonry wall shall be constructed 3 feet behind property line ad- jacent to parking lot area on Church Avenue. 3. Landscaping plan to be approved by the Planning Department. 4. A 5 foot high masonry wall shall be constructed adjacent to the residentially zoned lot to the south, and shall be reduced to 42 inches in height within front setback. Assistant Planner- Warren stated that the applicant was in agreement with the conditions. This being the time and place as advertised, Chairman Stevenson opened the public hearing. Mr. Thomas F. Couse, 772 Church Avenue, an adjacent property owner, spoke in favor of the development. He requested that the 5 foot wall be reduced to 42 inches within the front yard setback. Assistant Planner Warren stated that this was proposed. There being no further comment, either for 'or against, the hearing was declared closed. Member Adams said he felt that the proposed plot plan was good, and since there were no objections, it seems to be satisfactory with the residents. r MSUC (Adams - Comstock) The conditional use permit for a convalescent hospital be approved subject to the conditions outlined by the Assistant Planner. -1- Further, the findings be based on the following; 1 . Granting this use will not be materially detrimental to the public health, safety or welfare because it is evident that there will be no damage or nuisance arising from noise, smoke, odor, dust or vibration. 2. There will be no hazard to persons and property from possible explosion, contam- ination or fire. 3. There will be no hazard occasioned by unusual volume or character of traffic. 4. Based on the absence of protest, it can be concluded that the proposed use is reasonably compatible with the rest of the neighborhood and adjacent commercial uses. REZONING PUBLIC HEARING - S. Muraoka Assistant Planner Warren submitted a plot plan delineating the lot and existing im- provements on the northeast corner of Broadway and Parkway. The lot has 80 feet of frontage on Broadway and 120 feet on Parkway. The applicant is proposing to dedicate, for street widening, a 23 foot by 120 foot portion of the lot; the improvements to be installed and paid for by the City. In exchange for this dedication, Mr. Muraoka is asking that the remaining portion of the lot be rezoned from C-2-P to C-2. The re- quest was based on the assumption that reducing the lot area as proposed would not leave enough space for both a building and offstreet parking. This being the time and place as advertised, Chairman Stevenson opened the public hearing. Mr. Paul Yaeger, 414 "J" Street spoke in favor of the rezoning. Mr. John Murphy, 569 Parkway, stated he was in favor of the rezoning; however, he was aga,nst the City paying for the improvements, as all the other residents of Parkway had to pay for their improvements. There being no further comment, either for or against, the hearing was declared closed. Member Adams said he felt this was a good proposition, since Mr. Muraoka is giving the City over one-fourth of his land. Vice-Chairman Stewart agreed reiterating the fact that the remaining property would not be large enough for Mr. Muraoka to build on and still provide offstreet parking. Member Comstock asked if the City had a prescriptive easement ora deed to this section. Assistant Planner Warren stated the City has no deed. Member Comstock ex- pressed the opinion that this was purely a "land swap,".i and would seta precedent for future requests. City Attorney Duberg commented that the public may have acquired a prescriptive ease- ment; this would have to be resolved by legal proceedings. He suggested that the Commission not base any rezoning on such a "land swap." After a discussion about the possibility of future similar requests, Member Weakland stated 'that the City should go ahead and condemn the property. The Commission then discussed the improvements, and Member Comstock pointed out that they should just consider the rezoning and the City Council would have to decide whether or not to give -2- this man relief of the improvements. Vice-Chairman Stewart stated a legal matter was involved here and suggested the City Attorney study the matter. MSUC (Stewart - Comstock) The matter of this rezoning be referred to the City Attorney for appropriate legal advice. PUBLIC HEARING - Ross M. Willhite - Richard B. Hammond The application was read in which a change of zone was requested for four lots (65, - 127, 128 and 129) on Otay Lakes Road located in Bonita Bel-Aire Subdivision. The change of zone is from R-1-B-20 to. R-3-D-B-3 in order for the applicants to construct apartment houses. Assistant Planner Warren submitted a plot plan explaining the location of the proposed zone change and the adjacent land uses. This being the time and place as advertised, Chairman Stevenson opened the public hearing. Mr. Ross M.. Willhite asked if a letter from Hart &- Sons , developers of Bonita-Bel-Aire could be read before he made any statements. The letter was read in which the developers favor the proposed construction of apartment houses. They further state that, contrary to a newspaper article, Mr. Willhite is not connected with the develop- ment of Bonita-Bel-Aire. Mr. Steve Gassaway, Past President of the Sweetwater Valley Civic Association, stated the Association strongly objects to this zone change for three reasons: (1) The pro- posed use is incompatible with the Master Plan of the Valley. Nine residents of the Valley have served on the Citizens ' Committees of the Master Plan; the valley is be- coming more and more closely related with Chula Vista. (2) This would be a breach of faith. At the time the Olivera tract came in, the Association had some pre-zoning agreements with the City of Chula Vista. Because of this agreement (no zoning less than one-half acre) the Association approached all the people in the Valley and con- sequenily assured them of the City's word. Other annexations would be difficult however, if the City breaks their word and does not hold the line to one-half acre. (3) The rezoning is incompatible. The letter written by the developers of Bonita Bel-Aire was quite prejudiced because they are the sellers of a very difficult piece of property. The Valley attracts all sorts of subdividers and the time has come for the Valley to look for leadership. Because of the close association with Chula Vista, a poll last year revealed that if annexation occurs, the residents wish to annex' to Chula Vista. Mrs. Pat Spies, representing the people directly west of the proposed development, voiced the objections of the residents. She cited the mass meeting of the Valley,,; residents in which the City's Planning Director, George Fretz, and the City Councilman, Peter DeGraaf attended. They assured the people the rural character of the Valley would not be changed. By rezoning this parcel of land, they would be breaking their word. Other remonstrants were: Mrs. John Thomas who lives directly across from the proposed site; Mr. C. L. Harmon, 3956 Otay Lakes Road, owner of the horse ranch across the road; Mr. Carl Sheppard, 3848 Otay Lakes Road; and a letter from Craig Starkey, Holly Way. They stated as their reasons: no buffer zone needed here, proposed apartments overlook agricultural land and not commercial as the applicant stated; does not serve the interests of the public; traffic hazard especially to children who will use the -3- road riding their bikes; apartments are incompatible with the rural character. Mr. Ross Willhite, the applicant, stated apartments are definitely coming into the Valley and cited a proposed 300-unit apartment which will be built in Bonita Village on the golf course, and that his apartments would far exceed minimum requirements. He added that all the people who spoke in opposition were residents of Bonita who would not annex to Chula Vista , and this property is in Chula Vista. He further stated that residents of the Valley have come before the Commission several times in the past two years and always objecting to something, never in favor of anything. Mr. Gassaway refuted some of the statements made by Mr. Willhite and asked if "public good" meant only when you lived in Chula Vista. Member Comstock stated that he felt such a rezoning was premature and that no decision be made until at least the Sketch Plan of the General Plan is available. Vice-Chairman Stewart agreed, stating R-3 is needed in the Valley but rezoning now is premature. He added the topography in this section makes this a difficult development; however, it does not meet the criteria of being a buffer, because it buffs nothing but agriculture. Mr. Stewart then asked Mr. Duberg how long a public hearing can be put off. Mr. Duberg said any period of time as long as it was within reason. Assistant Planner Warren stated that, although the Sketch Plan will be available to the staff in September, public meetings will be held- on it, etc. , and it would be a matter of months before any zoning can be based on it. Member Adams said he agreed with the other Commissioners as to this being premature to rezone it at this time. He added it would be "spot zoning" and not a "buffer." Mr. Willhite was asked if he cared to withdraw his application for the present time, but he replied he would not as he felt the Commissioners were asking him to stand back until Mr. Thomas put in his apartments first, and further waiting would cost him money. Chairman Stevenson answered that Mr. Thomas had applied for the first phase of his apartments before the ordinance went into effect prohibiting residential use in a commercial zone. Member Adams stated the Commission was not asking Mr. Willhite to do anything, but merely suggested it would be to his advantage to do so. Vice-Chairman Stewart agreed saying R-3 zoning here only assures us that an owner will meet minimum requirements regardless of current proposals. MSUC (Comstock - Weakland) Public hearing be continued until October 7.,, 1963 with the possibility of another extension if the sketch plan of the City 's Master Plan is not available. VARIANCES PUBLIC HEARING - Muraoka Mobilehome Park The application was read in which permission was asked to build a 5 foot high fence around the mobilehome park now under construction; this fence to be constructed within the setback along First and Second Avenues and along Quintard Street. This being the time and place as advertised, Chairman Stevenson .opened the public hearing. -4- r Mr. Roy Muraoka, son of the applicant, explained the proposed landscape plan. Member Comstock discussed the topography of the land and asked if the proposed hedge would be planted in front of the fence. Mr. Muraoka said it would be. Assistant Planner Warren explained the applicant would be planting the shrubbery on the same line as the fence. In this way, the fence would, in time, be hidden by the shrubbery. There being no. further comment, either for or against, the hearing was declared closed. Member Adams said this condition (fence on the 15 foot setback) was worked out as a concession to the people who originally opposed the trailer park, and felt the Com- mission should stick to it. Chairman Stevenson commented that there were, no people objecting tonight. Vice-Chairman Stewart stated that the area outside the fence would probably not be properly maintained. After the question by Member Adams, the Commission concluded that exceptional circum- stances did justify the variance. . MSUC (Stewart - Comstock) Variance be granted subject to the following condition: 1. Construction of the fence will be in compliance with plans submitted to the Plan- ning Commission and that landscaping along said fence to be approved by the Planning Department. Further, findings be based on the following: 1 . Due to the adjacent school , a 5 foot high fence surrounding the property was re- quired by the Commission, thus depriving occupants of use of area outside the fence. 2. The topography of the site and the fact that this use occupies the majority of the block are exceptional circumstances. 3. The granting of this variance is necessary for the preservation of the substantial property right of the applicant. 4. Granting this variance will not be materially detrimental to the public welfare or injurious to the property improvements in the zone in which this property is located. PUBLIC HEARING: Robert R. McAllister The application was read for a variance from the zoning requirements of the City Code for property located at 173 Fourth Avenue. The applicant requests permission to improve and add to the existing residence on the property for use as a mortuary. Assistant Planner Warren submitted a plot plan explaining existing zoning and the adjacent land use. The applicant will provide parking spaces for 22 cars.\ This being the time and place as advertised, Chairman Stevenson opened the public hearing. Mr. Robert McAllister, 666 Third Avenue, the applicant, said the property in question has deteriorated, and the cost of razing the structure for an R-3 use would be con- siderable. The cost of using it for single family use is also prohibitive. -5- Those objecting were: Mr. Robert Cordova, owner of the property adjacent to this home, W. A. Hummell , 164 Fourth Avenue, Mrs. Ruth B. Rouse, 156 Fourth Avenue and Mr. Paul Yeager, 414 "J" Street. They stated as their reasons: Mortuaries are a business and belong in a business zone; Fourth Avenue is an attractive gateway to Chula Vista, and eight years ago the Commission turned down a mortuary for the property next to this one; it would be "spot zoning." A letter was read from the adjacent property owners referring to their petition of protest presented at the last hearing. Mr. James Malcolm, accountant, stated he was the accountant for the late Dr. Walters who owned the property. The reason fhe doctor had to dispose of the home was the high cost of maintaining it - between $600 and $1000 a month. Member Comstock brought up the matter of the Commission denying the use of a mortuary for the adjacent property eight years ago. He felt this should have some bearing on the case. Member Adams disagreed stating there was not as much commercial property on the corners as there ==As now. Member Comstock cited several commercial establish- ments; however , Member Adams remarked that the commercial uses have moved in in greater intensity and this tends to change the character of the area. Vice-Chairman Stewart maintained there is no hardship here that pertains to the property. He added that he disagrees with the fact that it couldn't be developed as R-3; the property is flat and the area large enough so that additional units could be added. Mr. Stewart then read several excerpts. from an ASPO Information Report concerning decisions made by the court in denying .the use of a mortuary in any residen- tial zone. Member Adams cited a few cases where the use was allowed. Member Comstock said the Commission should not be concerned with the cost of the im- provements pertaining to the property, but merely as to the best use of the property. MSUC (Stewart - Comstock) The variance be denied based on the following reasons: 1 . No exceptional circumstances were established which pertained to the property. 2. It is an incompatible use in a residential zone. 3. There were substantial objections from adjacent property owners. 4. The use as a mortuary would create, at times , a large volume of traffic. MISCELLANEOUS Resolution of Intention to Set Public Hearing - Mortuaries in R-3 Zone Assistant Planner Warren explained that the resolution set up by the Planning Commission was declared void by the C.ity Attorney; .therefore, this matter was referred back to the Commission. Mr. Warren explained that this must be an amendment to the zoning ordinance. Chairman Stevenson read the excerpt from the City Council minutes of July 16, 1963, in which they asked the Planning Staff to make a feasibility study on the matter and for the Commission to take action. The Commission discussed this matter and Member Comstock felt they should wait until the Planning Consultant's services are completed. MSUC (Comstock -- Stewart) A letter be sent to the City Council asking their indul- gence until such time as the Commission will have a chance to study the General Plan and special studies being prepared for the City. -6- SUBDIVISIONS Bonita Verde - Final Map . Assistant Planner Warren reviewed the location of the subdivision and stated that the conditions imposed on the tentative map have been complied with. MSUC (Stewart - Comstock) The final map be recommended for approval . MISCELLANEOUS Madalon Bagnell - Question of Fence on Property Assistant Planner Warren submitted a plot plan pointing out the existing fence on the adjacent property. He explained that one of the conditions imposed on the variance allowing Mrs. Bagnell to build apartments on her property at Fourth and "K" Street was that a 6 foot fence be constructed between this property and the adjacent R-1 development. Mrs. Bagnell contends the fence now in existence would meet that require- ment. 'PMembe,.r.,- Comstock questioned the need of this fence and Vice-Chairman Stewart said the condition was imposed to protect adjacent property values. Chairman Stevenson asked if the Commission could eliminate a condition without calling a public hearing on the matter. City Attorney Duberg stated this could not be done -- a public hearing must be called. Chairman Stevenson explained to Mrs. Bagnell that she must comply with the provisions of the variance and construct the fence. If she does not want to do this, then she can apply for another variance. September Meeting Dates Assistant Planner Warren pointed out that the first Monday in September is a holiday. Since the Commission meets on the first Monday, this date would have to be changed. Mr. Warren suggested Wednesday, the fourth of September, as a possible meeting date. RESOLUTION NO. 277 Resolution of the Planning Commission Cancelling Meeting MSUC (Stewart - Comstock) of September 2, 1963 to September 4, 1963 COMMUNICATIONS (Oral) Princess Crest Subdivision - Lot Split Assistant Planner Warren submitted a plot plan of the subdivision explaining the location. The tentative map had been approved by the Commission subject to certain conditions on which the subdividers are now working. They have made the request ,to build four model homes on the site, prior to approval of the final map. In order to do this , they must split the parcel into four lots and would like to get the Commission 's approval . Mr. Warren then read the following recommendations from the Engineering Department which must be met if the lot split is approved: 1 . That the subdivider submit for dedication and acceptance by the City the full width extension of Douglas Street. -7- 2. That a one-foot lot where applicable, be reserved along the easterly and northerly boundaries of said street extension. 3. That such street extension and all improvements installed shall be in conformity with the standards of the City of Chula Vista and as approved .by the City Engineer.- 4. That a grant deed in favor of the City for such additional ground as is required for a cul-de-sac be provided by the subdivider. This grant deed is to be held by the City until the final map is recorded; or until plans for development of the subdivision have terminated. This grant deed not to be ,recorded unless the pro- posed subdivision fails. 5. The subdivider shall post bond in favor of the City in the amount of $4,416.50 to guarantee installation of improvements including cul-de-sac, should the subdivision fail to be developed. 6. Subdivider shall make payment to the City in the amount of $200.00, which amount is estimated to be the City's actual expense in providing special handling in this matter. The subdivider shall enter into contract with the City, said contract to stipulate the above requirements. In answer to Member Comstock's question, Mr. D. Maimone, engineer for Princess Crest, stated the final map would be filed in about three months. Member Comstock stated a matter such as this should be worked out with the Engineering Department at the time the tentative map is submitted, so that the subdivider can go right ahead and build his model homes. Principal Engineer Harshman said it was feasible in this particular case for the City to improve this street. Chairman Stevenson asked about the parking for the people who come to see these homes. Mr. Harshman said that proper grading at the end of this street would take care of this. MSC - (Comstock - Stewart) That the Planning Staff, together with the Engineering De- partment, study a provision in approving tentative maps , whereby model homes could be constructed prior to approval of the final map. Member Adams voted "no". MSUC (Stewart - Comstock) Recommend to City Council the approval of the lot split subject to the engineering recommendations. Rezoning East Side of Church Avenue - To Be Set for Public Hearing Assistant Planner Warren asked that this matter be held until the meeting of August 19. ADJOURNMENT MSUC (Weakland — Comstock) Meeting adjourn to August 19, 1963. Respectfully submitted, Jennie M. Fulasz Secretary