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HomeMy WebLinkAbout1964-11-02 PC MINS MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA November 2, 1964 The regular meeting of the City Planning Commission of Chula Vista, California, was held at 7:00 P.M. , in the Council Chamber at the Civic ,Center on the above date with the following members present: Stewart, Comstock, ,Johnson, Willhite, Adams and Guyer. Absent: Chairman Stevenson. Also present: Planning Director Warren, Jurnior Planner Lee, City Attorney Lindberg and Principal Engineer Harshman. In the absence of the Chairman, Vice-Chairman Stewart presided over the meeting. APPROVAL OF MINUTES MSC (Adams-Guyer) Minutes of October 19, 1964, be approved, as mailed. Member Johnson abstained from voting because he was not present at the last meeting. REZONING PUBLIC HEARING: South of "F'' Street between Guava and Garrett, South to Memorial Park - M-1 and C-2 to C-1 and R-3 Director of Planning Warren submitted a plot plan explaining the existing zoning and adjacent land uses. He reviewed the matter whereby the Commission asked for a staff study of the area for proposed rezoning and submitted the staff 's recommendations. The property fronting on "F'' Street and Fourth Avenue is recommended for R-3 zoning and that area immediately across the street; the triangle-shaped parcel on the corner is also proposed R-3 because it is related to Fourth Avenue, rather than to the shopping center. The rest of the area under study is recommended for C-1 , light commercial . Director Warren then suggested the establishment of setbacks as follows: fifteen (15) feet for the R-3 zoning and five (5) feet for the commercial . Vice-Chairman Stewart asked if this was compatible with the General Plan. Director Warren said it was; the M-1 zoning in the center of the City as related to the business district was inappropriate. The existing uses will be allowed to continue. Director Warren added that they should try to encourage more conforming uses in this area, and still allow substantial uses to exist as they are. Member Willhite questioned the R-3 zoning on the triangle-shaped corner of Fourth and "F'' Street. Director Warren explained the pattern of zoning does look odd when viewing it on paper; however, when you get on the ground and look at it, you will notice the shopping center is not related to it - this frontage is related to Fourth Avenue and the proposed R-3 use to the west. The shopping center now contains ample area, and they should not try to encourage more businesses here. This being the time and place as advertised, the public hearing was declared opened. Mr. Lloyd Lee, owner of property at Center and Landis Street questioned the uses that would go in under the C-1 zoning. After viewing the ordinance and the list of uses permitted, Mr. Lee declared he would object to his property being rezoned to C-1 . He would like to retain the business he now owns , a wood-craft shop. -1- Mrs. Elizabeth Green, co-owner of the miniature golf course on Fourth Avenue, objected to her property being rezoned to R-3. She stated that the notice was not clear, so that she was previously unaware that her property was being considered. Member Adams felt, if there was any question in her mind, she should have come to the Planning Department and questioned the notice. There being no further comment, either for or against, the hearing was declared closed. Member Guyer asked about the setbacks. Planning Director Warren stated the staff is proposing a 15 foot setback on the R-3 zoned property and 5 feet on the commercial . Member Comstock questioned the advisability of the R-3 zoning on the triangle-shaped property. He felt it should be considered commercial rather than the R-3. MSUC (Guyer - Adams) Resolution of the City Planning Commission Recommending RESOLUTION NO. 332 to the City Council Setbacks and Change of Zone for the Area Along the South Side of "F" Street from a Point 310 Feet West of Fourth Avenue Extending to Garrett Avenue, and the Area Bounded by Fourth, Third, Center and Madrona Streets. Findings be as follows: 1 . The property involved is improperly zoned in relation to the Civic Center and the Central Business District and the adjacent residential uses. The proposed zoning will be .a step in promoting development consistent with the goals of the General Plan. Member Comstock voted "aye" with a reservation on the southeast corner of Fourth and "F" Street. CONDITIONAL USE PERMIT PUBLIC HEARING: James Patten - Northeast Corner Broadway and "K" Street - Car Wash in C-2 Zone The application was read in which permission was requested to build and operate a car wash on the northeast corner of Broadway and "K" Street. Director of Planning Warren submitted a plot plan explaining the location and adjacent land uses. The property encompasses approximately one acre of land, zoned C-2; this is adjacent to R-1 property to the east. Director Warren then showed the plot plan sub- mitted by the applicant explaining the egress and ingress and the general layout of the plan. There will be a snack bar on the corner which will be operated separately from the car wash. In the rear, the applicant proposes to have tire and battery sales, a use normally allowed in C-2 zones. The applicant also proposes to erect an 8 foot high masonry wall along the easterly property line to act as a buffer for the residential use. Member Adams questioned the height of the fence; he was under the impression the limit was 6 feet. Director Warren explained this was not a zoning problem; it comes under the Building Code which allows this height in commercial and industrial zones. Member Johnson asked about the traffic problem in this vicinity. Director Warren stated he did not make any specific study; however, he did consult the Engineering Department and in view of the type of traffic projected on Broadway and the types of businesses here, this specific location would be as suitable as any for a car wash. Mr. William Harshman, Principal Engineer, agreed adding they have had no difficulty with the other car wash further north on Broadway. -2- This being the time and place as advertised, the public hearing was opened. Mr. James Patten presented a colored sketch of the proposed development, explaining the car wash will set four feet back from the curb line on Broadway; the structure will be 110 feet away from the residential area. Landscaping is proposed between the building and the sidewalk. Questioned as to the hours of operation, Mr. Patten stated they would close between 5:30 and 6 o'clock. Mr. Harshman questioned the northerly driveway proposed on the sketch. ' Mr . Patten stated this was in error and the Commission should go by the plot plan. Member Willhite questioned the retail sales division, whether they still maintain to close at 5:30, operating this section of the business. Vice-Chairman Stewart remarked it should be closed before people retire for the evening; nine o'clock would be a reasonable hour. Mr. Kyle Haga, representing California Car ,.Wash Systems , Inc. , submitted a survey report on the noise level measurements associated with automatic car washing equipment. as compared to traffic noises. This report was made by The United States Testing Company, Inc. , Los Angeles. Mrs. Treva Robinson, 777 Ash Avenue, objected because of the increased traffic it would generate. She stated cars are already parked on both sides of "K" Street now by the Used Car Dealer on that street. She admitted the dust was bad from this vacant lot; however, she felt a more compatible use should be found. Vice-Chairman Stewart explained the use was allowed under this zone and that the Planning Commission has no control over parking on public streets; this was a matter to take up with the City Council . Mr. Paul Breininger, 790 Ash Avenue, objected declaring this was the only property in Chula Vista where residential backs up to commercial . He reviewed the zoning in the area and felt that a 20 foot area should be left between the two zones, pro- hibiting any construction on it. There being no further comment, the hearing was declared closed. Member Willhite felt this was a good use for the property; the entrances were good; it will be paved, thus eliminating the dust problem; there is a stop light on the corner to control traffic. Director Warren submitted several recommendations the staff would suggest if approved. ' Member Comstock questioned any condition being imposed as to the hours of operation; he remarked that other C-2 uses are permitted to operate any hours of the night - it would be an undue restriction that other C-2 uses up and down the street now enjoy. The location of the snack bar was di9cussed. Director Warren stated a zero setback exists here now. Mr. Haga declared they would maintain a 10 foot setback - -the plot plan was in error. MSUC (Comstock - Willhite) Conditional Use Permit be approved subject:-to the following conditions: 1 . That free-standing signs be restricted to those shown on the plot plan. 2. That all sales and displays be confined to inside of buildings or under any canopies. -3- 3. That the entire property be paved and that landscaping be required in accordance with the sketch submitted. 4. That no outside lighting shall reflect on adjacent residential property. 5. That uses be restricted to those shown on the plan, allowing other C-2 uses only with specific approval of Commission, upon separate application. 6. That entrances and exits be restricted to those on the plot plan, as submitted. 7. Applicant shall construct an 8 foot high masonry wall along the easterly property line to act as a buffer for the residential use. Further, that findings be as follows: 1 . Granting this conditional use permit will not be materially detrimental to the public health, safety or welfare as delineated in the ordinance; the only noise-gen- erating device not commonly found in a C-2 zone will be located close to the Broadway frontage; the increase in traffic will be well-handled by Broadway and "K" Street. 2. Characteristics of the use proposed are reasonably compatible with the types of use permitted in the surrounding areas. This area generally contains heavy commercial uses and Broadway is thought to be the logical street for these vehicle-oriented uses. The applicant proposes an 8 foot high masonry wall along the easterly property line to act as a buffer for the residential use. AMENDMENT TO THE ZONING ORDINANCE PUBLIC HEARING: Sections 33.3 , 33.26 and 33.33. 1 - Provision for Day Nursery Junior Planner Lee reviewed the definition of a Day Nursery and the amendments to the Zoning Ordinance allowing the use in an R-3 and a C-1 zone, with a conditional use permit. Member Johnson asked if these amendments would supersede what they have now. Mr. Lee said it would and added the staff has gone over these requirements with the State Board of Welfare. Vice-Chairman Stewart questioned whether a license is needed in the operation of a Nursery having three children. Mr. Lee said it was; technically speaking, a license is even needed for a baby sitter. This being the time and place as advertised, the public hearing was opened. There being no comment, either for or against, the hearing was declared closed. Member Comstock commented this was an amendment that was long needed in the City. RESOLUTION NO. 333 Resolution of the City Planning Commission Recommending MSUC (Comstock-Johnson) to the City Council the Adoption of an Amendment to Ordinance No. 398 and Chapter 33 of the City Code. Section 33.3: Definition of a Day Nursery. Section 33.26: Allowing a Day Nursery in an R-3 zone with a Conditional Use Permit. Section 33.33. 1 : Allowing a Day Nursery in a C-1 zone with a Conditional Use Permit. -4- M I.SCELLANEOUS Request to Allow Specific Business in C-1 Zone - W. L. Dean and H. Thacker A letter was read from the applicants requesting They be allowed to conduct the retail sales and operation of electrically-powered slot-racing car business at 314 "F" Street. Director Warren stated this particular use was not listed in the Zoning Ordinance (C-1 zone) and there are none that compare to it; therefore, the request is before the Commission. Vice-Chairman Stewart asked if this was considered a toy. Mr. H. Thacker, one of the applicants, explained the mechanism of the model cars and showed the Commission some pictures of the equipment. These cars can operate on a track running from 6 feet in length to 150 feet in length; it is operated on 12 volts. Basically, it is the same as an electric train; depending on the skill of the operator, the cars will obtain a speed of 15 to 20 miles an hour. The track is 30 % of the business "gimmick" whereby groups or clubs may conduct "races" on the track and children come in and use it also. It will be meter-operated. Director Warren remarked this use could be approved under Section 33.33 , sub-section 25, whereby it states the Commission may by resolution allow other uses which are similar to and no more objectionable than those itemized as a C-1 use; the use of the track could come under item 26 as being "incidental" to the business. Member Johnson commented the track could change the nature of the busineasand not be inci- dental , in time. City Attorney Lindberg stated the Commission should adopt a resolution declaring the retail sale of this item as being a permitted use in this zone; as far as the use of the tract, it would be incidental and there is no need to make any recommendation on that. If it turns into an amusement center, it would then become a police problem. Mr. Thacker commented that without the track, they would not have any sales. RESOLUTION NO. 334 Resolution of the City Planning Commission of Chula Vista, MSUC (Johnson-Guyer) California, Establishing the Retail Sales and Operation of. Electrically-Powered Slot Racing Car Business as a Permitted C-1, Use. Request to Allow Change in Sidewalks in Southwestern College Estates A letter was read from Mr. N. B. Randall of Bollenbacher & Kelton, Inc. , requesting approval of construction of contiguous sidewalk on that portion of the Southwestern College Estates subdivision already curbed and monolithic sidewalk on all future installations. Mr. William Harshman, Principal Engineer, explained the request and submitted ten recommendations the Engineering Department would ask be required for approval . The Commission discussed the condition whereby steel dowels were required to tie the existing curb to a contiguous sidewalk. They concurred a statement should be added whereby other means, if satisfactory to the City Engineer, could be provided. MSUC (Comstock-Johnson) Approval of request subject to the following conditions: 1 . In all cases where curb does not now exist, the proposed curb and sidewalk shall -5- be monolithically cast in dimensions as shown below, and in accordance with applicable Standard City Drawings. 2. The commercial frontage on Otay Lakes Road shall be improved with a six (6) foot width sidewalk contiguous to existing curb to provide total width of 62 feet. 3. On all 56 foot width streets , and on Gotham Street (except northerly side from Otay Lakes Road to Xavier Avenue) install 42 foot width sidewalk contiguous to existing curb to provide total width of 5 feet.. 4. No utility poles are to be located in any monolithic or contiguous sidewalk ' except along commercial frontage of Otay Lakes Road. Subdivider shall provide over- hang easements as required by the various utility companies. 5. Provide four (4) foot unobstructed sidewalk width on one side of fire hydrant locations on all streets except Otay Lakes Road. Geometrics of widening shall be as approved by the City Engineer.' 6. All contiguous sidewalk shall include a thickened edge per Standard Drawing 105-B. 7. Method of counteracting effects of extremely expansible soil shall be as approved by the City Engineer and shall be applied at those locations designated by said Engineer. 8. Vaults for existing water meters may be cast into contiguous sidewalk. The tops of such vaults shall be set true to the proposed plane of the sidewalk. All future meters shall be' placed in back of monolithic walk. g. Existing curb depressions for driveways may be utilized in the proposed in- stallation of contiguous sidewalk. 10. Where contiguous sidewalk is installed, it shall be tied to existing curb by means of steel dowels of a size and spacing approved by the City Engineer, or other means satisfactory to theCity Engineer. Approval of Sign - Bonita Village Shopping Center Director of Planning submitted a sketch of the proposed sign. It will be a free- standing sign for the San Diego Trust and Savings Bank, a typical sign of this bank. It will be approximately 50 square feet which the ordinance allows; however, approval has previously been given to the sign they propose on the side of their building. Member Comstock remarked the sign would be adjacent to their bank building and actually is their trade mark. Vice-Chairman Stewart commented the sign was a separate structure, and the Commission did deny a free-standing sign for another business in this same shopping center. Member Adams agreed it would not be compatible in this area. 'Director Warren stated this shopping center is different than most others in this same zone in that it is uniquely free of garish signs, and the Commission should strive to keep it that way. Mr. A. L. Anderson, from the Main Office of the San Diego Trust & Savings Bank, explained they built next to the road to be readily visible; that the sign would help their goal . They plan to have a flush sign on the side of the building. -6- Member Adams cautioned the approval of this free-standing sign saying it would start a precedent whereby the other stores in the center would want the same thing. Member Willhite commented that they have an attractive business with no need to have another sign here; the center is quite "rustic" and the proposed sign would be out of place. Vice-Chairman Stewart questioned the square footage allowed for signs in this zone. Director Warren stated the proposed sign will be approximately 472 square feet which leaves 22 square feet of lettering for the building. Member Comstock felt a bank is as competitive as any business and needs the sign for advertising their business. MSC (Guyer-Adams) Disapproval of the sign, as proposed, in view of the fact that this is the supplemental "D" zone. Denial is based on the following: 1 . It would start a precedent for other free-standing signs for each business. 2. The sign on the side of the bank building, as proposed on the original plans , is sufficient and compatible to the area. The motion carried by the following vote, to-wit: AYES: Members Guyer, Johnson, Stewart, Willhite and Adams .NOES: Member Comstock ABSENT: Chairman Stevenson Resolution - Setting Hearin - Permanent Zoning - Princess Manor and Adjacent Area Director of Planning Warren delineated the areas proposed for permanent zoning which would include Princess Manor Units No. 1 and 2. The staff would recommend that the area originally .set aside for a shopping center be permanently zoned C-1 , but that the supplemental "D" be attached; the rest of the area be zoned R-1 . MSUC (Guyer-Willhite) Resolution of the City Planning Commission of Chula Vista, RESOLUTION NO. 335 California, Stating Their Intent to Call a Public Hearing on November 16, 1964 to Consider Permanent Zoning for Princess Manor Subdivision Units #1 and #2 and Certain Portions of the Jonathan Manor Annexation - Interim R-1 to R-1 and C-1-D Resolution - Setting Hearin - Paving of Storage Areas Junior Planner Lee explained the amendment requiring loading areas to be paved. He stated the major change in this amendment was the addition of another paragraph requiring the landscaping and maintenance of any unused space resulting from the design of these areas. The reason for the amendment is the complaints of the amount of dust from these areas: car lots , etc. The Commission then discussed the requirement for the two inch asphaltic concrete. Member Adams questioned whether this would be sufficient for the heavy trucks. Mr. Lee said this would be the problem of the business , since there is a requirement for main- taining their property. -7- The Commission discussed a location becoming a "public nuisance." City Attorney Lindberg, declared the City Council first decides whether this was a public nuisance and then turns it over to the City Attorney for action. Member Guyer stated this amendment was the right approach to the problem; Vice-Chairman Stewart .remarked that other cities were doing this very same thing, and here is a•. definit'e--`rieed' for it. Member Comstock cautioned being "overly-restrictive" in some cases. Something should be set up in the ordinance to take care of these businesses that will be operating temporarily. Member Willhite stated there are many instances where a business starts off temporarily, then goes on and on. Member Guyer felt the people living next to these locations should be protected from the dust. Member Johnson asked if this amendment would apply to existing uses. Mr. Lee said it' would not; only to the new businesses coming in. Member Comstock maintained some relief should be given 'to the small business man who will operate on a temporary basis. Member Adams suggested a.statement to the fact that "uses which will prevail for six months or less provide dust-free surface." Member Comstock asked what would happen if the owner doesn ' t maintain and landscape his property as stipulated in condition #5. Mr. Lee declared the City would have the right to revoke his business license. City Attorney Lindberg agreed stating the Com- mission does have this control ; however, it becomes difficult in the interim period to maintain. RESOLUTION NO. 336 Resolution of the City Planning Commission of Chula Vista, MSUC (Guyer-Willhite) California, Stating Their Intent to Call a Public Hearing on November 16, 1964 to Consider an Amendment to the City Code, Chapter 33, Zoning, Section 33.54. 1 -- Off- Street Parking - Development and Maintenance. Discussion - Proposed County Rezoning - Sweetwater Valley Director of Planning Warren stated he read in the local paper about the hearing coming up before the Board of Supervisors pertaining to the rezoning in the Valley. Generally, the staff agrees with the proposed pattern; however, one conflict does exist - the southeast corner of .Bonita Road and Otay Lakes Road. Our General Plan calls for high density in this section and the County is proposing commercial . The County staff indicates that this commercial zoning was added by property owner request (by letter) at a Commission meeting. Based on our General Plan, and the fact that there now exists extensive commercial zoning in the area, the Director asked the Commission for authorization to protest this proposed rezoning. Member Comstock stated the Director was right in objecting; however, the Board of Supervisors had created the commercial zone on the other corner and probably felt obligated on the other. Vice-Chairman Stewart remarked that the City has a General Plan and and"we should at least be given the chance to have them hear us." MSC (Adams - Johnson) Planning Director be given the authorization to write a letter or appear before the Board protesting the proposed rezoning, as it conflicts with the General Plan, and there is sufficient commercial zoning in the area. Member Willhite abstained from voting because he owns the adjacent property. ADJOURNMENT MSU,C (Comstock-Guyer) Meeting adjourn until 7 P.M. November 16, 1964. Secretary