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HomeMy WebLinkAbout1964-09-03 PC MINS MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA September 3 , 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: Stevenson, Stewart, Comstock, Johnson, Adams and Guyer. Absent: Member Willhite. Also present: Planning Director Warren, Junior Planner Lee, City Attorney Duberg and Principal Engineer Harshman. APPROVAL OF MINUTES MSC (Guyer - Comstock) Minutes of August 17, 1964 be approved, as mailed. Member Johnson abstained from voting since he was not present at the last meeting. TO BE SET FOR HEARING: Property between Montgomery Freeway and Broadway, South Side of "H" Street - R-1 , R-2 and R-3 to C-2 Director of Planning Warren submitted a plot plan noting the location of the proposed rezoning. He explained this came about as a result of the request for rezoning of property on "H" Street and Oaklawn Avenue. Director Warren noted the present zoning of the area and the proposed. He stated . that, from a standpoint of need, he felt there was no need for the C-2 zoning. He added that the area between Colorado and Woodlawn Avenues, on the north side, were left out in this proposal because there is no necessity for considering this at present for C-2 zoning; it may be rezoned at any time in the future. There are apartment buildings presently on the property. The Commission discussed the issue of having a house, being used for a business, con- verted to the appearance of an office building, rather than a home. The off-street parking was discussed; Mr. Warren stated when this is required of a business, it will be necessary for them to remove a dwelling or two in order to conform with the ordinance. The property on the south side of "H" Street between Jefferson and Oaklawn Avenues now occupied with apartment dwellings was discussed; Member Adams felt it should be left out of this rezoning proposal . Vice-Chairman Stewart commented that it would be a tre- mendous ''patch work'' zoning, if the Commission jumped over it. He added there was an appeal now before the Council concerning the rezoning of some of this property and felt this should be held in reserve until then. Director Warren stated the Commission could grant less than what was advertised. He reminded them that they have the obligation to recommend what is good zoning practice based on need and good land use, and added that he could not, in clear conscience, recommend that this strip be rezoned C-2. Member Johnson asked about the possibility of the railroad being abandoned; Director Warren felt some thought should be given to this strip of land, if the railroad goes out. Vice-Chairman Stewart stated the railroad would oppose any rezoning of their property; they have a 100 foot strip which they would want to keep for additional tracks and siding. -1- RESOLUTION NO. 323 Resolution of the City Planning Commission of MSUC (Comstock - Johnson) Chula Vista, California Stating Their Intent to Consider Rezoning on South Side of "H" Street Between Madison Avenue and the San Diego, Arizona and Eastern Railroad for the Meeting of October 5, 1964. CONDITIONAL USE PERMIT PUBLIC HEARING: Drs. Dorthy & James Mankin, 312 "1" Street, Use R-3 Property for Parking for Clinic on Adjacent C-1 Property The application was read in which a request was made to use the R73 property at the rear of the clinic on 312 "1" Street for parking. Director of Planning Warren submitted a plot plan noting the location and adjacent land uses. He explained that the applicants propose to replace the present dwelling with a new building and wish to utilize that space in the rear for parking. This being the time and place as advertised, the public hearing was opened. Mr. Charles Johnson, owner of property at 332 "1" Street, said he felt concerned about the use of this property as compared to that of the entire block. There being no further comment, either for or against, the hearing was declared closed. Member Guyer questioned the width of the driveway. Director Warren stated it would be 13 feet wide; this meets the requirement of the Fire and Police Departments. The Commission discussed the need for a fence around the parking area. Dr. Dorthy, Mankin, one of the applicants, stated a fence presently exists there. The property on Third Avenue has its own fence, and similarly all around. She remarked she would put in a chain link fence, if the Commission so desires. Chairman Stevenson felt it sould be something different than a chain link; Vice-Chairman Stewart declared it should be a solid fence. Director Warren asked that the Commission also stipulate that a sign be erected at the front of the building indicating that parking was provided for in the rear. MSUC (Stewart - Guyer) Conditional use permit be approved subject to the following conditions: 1 . That a sign be erected at the front of the building indicating that parking. is provided in the rear. 2. That the parking area and access drive be enclosed with a six (6) foot high solid fence; the type to be approved by the Director of Planning. Further, that findings be as follows: 1 . There will be no damage or nuisance arising from noise, smoke, odor, dust or vibration; there will be no hazard to persons and property from possible explosion, contamination or fire; there will be no hazard occasioned by unusual volume or character of traffic not found in a parking lot for apartment use. -2- 2. The characteristics of the use proposed are reasonably compatible with the types of use permitted in the surrounding areas. The adjacent property ' is zoned R-3 and sub- ject property would contain only parking that might be found in the R-3 zone. VARIANCES PUBLIC HEARING: Warren K. Hatz, West Side of Third Avenue between "K" and "L" Streets C-2 Use in C-1 Zone The application was read in which a request was made to use that property on the west side of Third Avenue, between "K" and "L" Streets, for the storage of rental trailers. Director of Planning Warren submitted a plot plan noting the location and size of the property in question: 50 feet frontage on Third Avenue, running to a depth of 290 .feet. Director Warren then noted the adjacent land uses and zoning. This being the time and place as advertised, the public hearing was opened. Mr. Nichols , 353 Palomar Drive, said he was concerned about this; that C-1 zoning now exists from "K" to "L" Streets with the exception of the two corners presently occupied by service stations;putting a C-2 use here would be detrimental to the neighborhood. He questioned the hours of operation, the lighting on the premises and whether the Commission will be able to find "unusual circumstances" here in order to grant the variance. Mr. Edwin Campbell , attorney for the applicants , spoke in favor of the proposal . He said his clients have no objection to any restriction being put on the variance as to a time limit, hours of operation, etc; however, five years would be acceptable to them. Questioned by Member Guyer as to signs on the property, Mr. Campbell stated that they would have no objection to any sign restriction, also. Director Warren asked if the entire parcel would be utilized for the storing of these trailers. Mr. Campbell answered that at present, only the front part of the lot will be. The trailers will be strictly those that are attached to cars for hauling goods, not the type that one can live in; all business will be transacted from the service station at the northeast corner of Third Avenue and "L" Street. Vice-Chairman Stewart remarked this use would be a lot less objectionable than an automobile parking lot which is an allowed use in a C-1 zone. He added he felt it should be considered under a conditional use permit rather than a variance since an exceptional circumstance would be most difficult to find here. Member Comstock dis- agreed stating this issue was discussed two weeks ago, and it was the decision of the City Attorney that the applicant apply for a variance. City Attorney Duberg confirmed this. Member Adams commented that a hardship on the property could be found in the fact that there is C-2 zoning immediately across the street from this property. Vice-Chairman Stewart felt the hardship could also be found in the fact that the applicant can fill this lot with automobiles and this proposed use is a lot less objectionable. Director Warren remarked that the Commission loses control if this were set up under a conditional use permit. The Commission :should consider that this zoning pattern is unusual in this area with C-2 zoning across the street; both sides should be the same, since the very same use is allowed across the street. City Attorney stated there was enough evidence to justify the variance. -3- The Commission further discussed the application for a variance as opposed to that of a conditional use permit. Member Comstock declared the Commission should take the advice of the Attorney and act on this variance. There being no further comment, either for or against, the hearing was declared closed. MSUC (Comstock - Stewart) Variance be approved subject to the following conditions: 1 . The use to be allowed for a period of five years. 2. That the property used for the storage of these trailers, excepting the 50 feet of frontage on Third Avenue, be enclosed with a solid fence. 3. The hours be restricted to 10 p.m. in the evening. 4. A dust-free surfacing be installed. 5. No repair or overhauling of trailers on the premises. Further, that findings be as follows: 1 . There are practical differences and unnecessary hardships within the meaning of the Ordinance as amended which would result in the strict compliance of the pro- visions of the Ordinance. 2. There are exceptional circumstances and conditions applicable to the property herein involved or the intended use thereof that do not apply generally to property or class of uses in the same zone. The proposed use would be allowed on that property across the street; adjacent property to the west and north is under applicant's ownership. This use is comparable to an automobile parking lot - an allowed use; no public transactions will occur on this property. 3. Granting this variance is necessary for the preservation of the substantial property right of the applicant. Without variance, applicant is denied use of property allowed owners of commercial zones across street; such a zoning pattern is unusual . 4. Granting this Variance will not be materially detrimental to the public welfare or injurious to the property improvements in the zone or district in which said property is located. Land is zoned Commercial and can be used for other uses that would be more objectionable than trailers. Use is a temporary one. Most of the adjacent land is vacant and surrounding property is owned by applicant. PUBLIC HEARING: Brown & Matthews , 710 "E" Street - Reduction in Rear Yard Setback The application was read in,which a request was made for a reduction in rear yard setback from 15 feet to 10 feet. Planning Director Warrensubmitted a plot plan explaining the location and adjacent land uses and zoning. He stated that the applicant s are building a motel on this location with a restaurant proposed in the future. The portion being developed as the motel is an "L-shaped" piece of property with frontage on both "E" Street and Woodlawn Avenue. The applicants desire to build within 10 feet of their rear property line; the ordinance calls for 15 feet. Director Warren further stated that the applicants -4- propose to build a solid wall along that -side fronting. on Woodlawn Avenue, for security reasons. This being the time and place as advertised, the public hearing was opened. Mr. Charles Brown, one of the applicants, stated they do not propose any landscaping for the 10 foot rear yard. They did not propose building to the property line be- cause they will be having windows on that side of the building; otherwise, they would have to build a fire wall with no windows , etc. Director Warren commented that they should be required to maintain some landscaping between the wall and Woodlawn Avenue. There being no further comment, either for or against, the hearing was declared closed. The Commission discussed the need for the reduction in rear yard setback. Chairman Stevenson commented that the entire development faces "E" Street; thus , the need for the change. Member Adams declared that the 15 foot rear yard setback on commercial properties should apply where there is a residential use in the rear, to protect this use; in this case, there is no residential use, therefore, the reduction is justified. Member Comstock reminded the Commission that the ordinance does not state this; it just implies it. MSUC (Adams - Comstock) Variance for reduction in rear yard setback from 15 feet to 10 feet be approved, subject to the following conditions: 1 . The area between the buildings and property lines be permanently maintained. 2. That area between the proposed wall and Woodlawn Avenue be landscaped and per- manently maintained. Further , that findings be as follows: 1 . There are practical differences and unnecessary hardships within the meaning of the Ordinance as amended which would result in -the strict compliance of the provisions of said ordinance. 2. There are exceptional circumstances and conditions applicable to the property herein involved or the intended use thereof that do not apply generally to property or class of uses in the same zone. The rear yard of the applicant's property parallels the side yard of adjacent property since this is a corner lot. The side yard in a commercial zone is zero; the rear yard , 15 feet. 3. Granting this variance is necessary for the preservation of the substantial pro- perty right of the applicant. Without variance, applicants are essentially denied privilege granted adjacent property owners. If these were corresponding "rear" yards , no inequity would exist. 4. Granting this variance will not be materially detrimental to the public welfare or injurious to the property improvements in the zone or district in which said property is located because of the explained relationship to adjacent property. AMENDMENTS TO ZONING ORDINANCE PUBLIC HEARING: Change in Building Line Map (Section 33.7) -- Setbacks Along Oaklawn Avenue between "G" & "H" Streets -5- Planning Director Warren explained the reason this came up was the result of the variance granted at the last meeting to an applicant on this street. The Commission, at that time, suggested the setbacks along this entire block be changed accordingly. This being the time and place as advertised, the public hearing was opened. The Commission discussed the setback changes proposed, and Vice-Chairman Stewart asked for the staff's recommendation on the. setbacks for the two service stations here. Director Warren stated a 5 foot setback is a 'standard one for commercial zones. There being no further comment, either for or against, the hearing was declared closed. RESOLUTION NO. 324 Resolution of the City Planning Commission of MSUC (Comstock - Johnson) Chula Vista, California, Recommending to City Council an Amendment to the City Code, Chapter 33, Zoning Section 33.7, Building Line Map, Front Setbacks on Oaklawn Avenue 1 . The Commission finds that good planning practice and preservation of property rights requires that a 10 foot setback be established on both sides of Oaklawn Avenue beginning at the edge of the C-2 zoning and ending at "G" Street, and a 5 foot -setback on both sides of Oaklawn Avenue along the C-2 zoned property, north of "H" Street. SUBDIVISIONS Princess Manor, Unit No. 2 - Final Map Director of Planning Warren submitted the map noting the Freeway, Orange Avenue and the extension of Melrose Avenue. This subdivision will contain 202 lots. At the time the subdividers filed their .tentative map, they were granted a variance to build homes with less than 1300 square feet. At that time, the Commission indicated they wanted to know just what dwellings would go on what lots , etc. Chairman Stevenson asked if any changes were made in the dwellings. Director Warren said the homes were the same as submitted to the Commission at the time of the variance request. He then quoted the number of homes, with certain square footages, that would be built on these lots. Member Johnson asked for the total over and under 1300 square feet. Director Warren stated 40 % were over 1300 square feet and 60 % over 1200 square feet. The recommendation of the Engineering department was then read. MSUC (Guyer - Stewart) Final Map of Princess Manor Unit #2 be approved subject to the following condition: 1 . Detailed improvement plans for the subject subdivision have not been completely reviewed by the Division of Engineering at this time. Therefore, it is possible .that it will be necessary to modify the number, width, and/or location of the various easements as shown upon the map. The subdivider shall modify the map as required by the Division of Engineering following a complete check of the im- provement plans. Princess Manor, Unit #7 - Tentative Map Director of Planning Warren stated this would be a new portion of the subdivision -6- containing 18 lots. It is located just .west of Unit No. 1 , along Rienstra Street. Mr. Warren presented two conditions and Mr. William Harshman, Principal Engineer, presented six recommendations from the engineering department. Chairman Stevenson asked if the homes proposed here would be over 1300 square feet. Director Warren stated they would have to be, unless the applicant comes in and applies for a variance. MSUC (Comstock - Adams) Tentative Map, Unit #7, Princess Manor, be approved subject to the following conditions: 1 . Easements for street trees shall be provided on all lots as needed. to provide 10 feet of width for planting. 2. Slopes shall be graded and planted in accordance with standards and specifications on file in the Planning Department. 3. In regard to the typical section for Melrose Avenue, it is permissible to add a note regarding an alternate section which would be comprised of 2" AC on a de- signed base in accordance with "R"-value methods , based upon soil tests sub- mitted by a licensed Soils Engineer. Such designed base should have a minimum thickness of 4" and be approved by the City Engineer. 4. In regard to the typical section for "A" Street, the following note shall be added, "The structural street section shall be designed in accordance with CBR methods based upon soil tests submitted by a licensed Soils Engineer and shall be approved by the City Engineer." 5. East Rienstra Street and Melrose Avenue as shown upon the map have previously been offered for dedication by the City. Formal acceptance and dedication by the City has not yet been accomplished. This action will be necessary prior to ap- proval of the final map by the City Council . 6. Site grading which has occurred prior to submission of the subject map has diverted the natural stream bed to adjacent property. The subdivider shall pro- vide legal documents in the form approved by the City Attorney which will alleviate any responsibility on the part of the City for this action. The sub- divider shall further provide documents and/or easements as may be required by the City Attorney to insure that the City will not incur future liability in regard to diversion of the storm waters. 7. Detailed grading plans shall be submitted and evidence of having obtained all necessary easements , slope rights and right to do work on all adjacent property shall be submitted prior to doing work on such abutting property. 8. Portions of the ownership which are not to be included within the subdivision shall be clearly marked: "Not a part of this subdivision." MISCELLANEOUS Resolution- Approving Home Occupation for Shirley Heim Director of Planning Warren reviewed the situation. The Commission, at their last meeting, asked the staff to prepare a resolution for action for this meeting. The applicant has applied for a Home Occupation License to conduct an accordian teaching studio in her home, a duplex, on 721 Oaklawn Avenue. -7- Member Adams cited another case whereby the Commission denied this same use to another applicant. This person had to rent a studio in a commercial zone, as a result. Mrs. Heim, the applicant, stated she was familiar with this case; it was a Mrs. Robinson, her former employer, and this denial. happened about five years ago. It was this same person who sent the Planning department the complainvt about the applicant. Member Adams declared a precedent had been started here; it is parallel to the case in question tonight; he is against granting the request. The resolution was read and the term "mechanical equipment" discussed. City Attorney Duberg stated the instruments would be termed "mechanical equipment" in this case. Vice-Chairman Stewart declared he agreed with Member Adams; a home is no place for a studio of this type. He cited a dance studio that was also turned down by the Commission. Member Comstock questioned whether this could have been handled by the staff without coming to the Commission. Director Warren -said it could have been, except for the fact that a complaint was received by the department thereby questioning the use. MS (Guyer - Stewart) Home Occupation License be denied. The vote was as follows: AYES: Members Guyer, Stewart and Adams NOES: Members Comstock, Johnson and Stevenson .ABSENT: Member Willhite The City. Attorney asked that a converse motion be made. MS (Comstock - Johnson) Home Occupation be approved subject to the following conditions• 1 . License will be revoked if a complaint from a surrounding owner is filed. 2. Hours of teaching will be from 4 p.m. to 6 p.m. daily and only one student allowed at a time. 3. No band practice. 4. Permit is good for one year, after which applicant must apply for a renewal . The vote was as follows: AYES: Members Comstock, Johnson and Stevenson NOES: Members Adams, Guyer and Stewart ABSENT: Member Willhite The City Attorney ruled the decision was disapproval . Resolution- Classifying allowed use in C-1 zone. Director of Planning Warren explained that at the last Commission meeting , they asked the staff to prepare a resolution for action permitting the expansion of this business in this zone. The applicant runs a farm supply, farm hardware and welding supply business at 341 "K" Street. He has asked for permission .to remove the Quonset but on the premises , replacing it with a concrete block building in which to continue his operation. He also requested the off-street parking spaces be limited to eleven. _g_ APPROVAL Of, MI RUSES Member Comstock stated he enbs to i seed from the hearing eoncem i cog the request for car- ports for the La Bonita dawn and Country Apartmi nts, arra asked that the records shwa this. t4SUC (Conestork - Johnson) Hiputes of Septe:rder 3, 196b be approved, with the Borg°ee- ` on requested by Member Corns tock. RESOLUTION NO. 325 Resolution of the City Planning Commission of MSC (Stewart - Guyer) Chula Vista Establishing the Retail Sales of Farm Supplies , Hardware and Welding Supplies. Business as a Use Allowed in C-1 Zone. The motion carried by the following vote, to-wit: AYES: Members Stewart, Johnson, Stevenson and Guyer NOES: Members Comstock and Adams ABSENT: Member Willhite Member Comstock voted ''no'' stating he is not against the expansion of the business or the C-1 zoning here; however, he felt this was not a C-1 use, according to the ordinance. RESOLUTION NO. 326 Resolution of the City Planning Commission of MSUC (Stewart - Comstock) Chula Vista Modifying Parking Requirements for Farm Equipment Sales Building 1 . The Commission modifies the provision of the Zoning Ordinance, Section 33.53.2 to require eleven (11) offstreet parking spaces in conformance with the sub- mitted plan. Request for Approval of Carports at La Bonita Town and Country Apartments Director of Planning Warren said a permit was applied for construction of carports for the La Bonita Town and Country Apartments, Bonita Road. Mr. C. George, Arizona Ornamental & Structural Steel , Inc., Phoenix, Arizona, representative, explained the structures commenting they were just brought into California recently. These are built in Arizona primarily to shade the cars from the sun, rather than protect them from the rain, although it is used for both pur- poses. It will be a low carport - seven feet clearance with one post supporting two parking spaces. The residents here have requested colored roofing. Member Johnson questioned the material that will be used. Mr. George stated it will be baked-on enamel . Thirty-six carports will be constructed. Member Adams asked if they would be constructed within the setback. Director Warren said it would be behind the setback; from behind the wall on Bonita Road, only the roof line of these carports will be seen. MSUC (Johnson - Guyer) Approval of carports for the La Bonita Town and Country Apart- ments , Bonita Road, subject to the sketches submitted and the inspections of the Building Department; also that the color of the roof be compatible. Request for Approval of Dwelling in Bonita Verde Subdivision Director of Planning Warren-stated this dwelling will be constructed on Lot 47 of the subdivision. It will contain approximately 2119 square feet, have shake shingle roof and stucco construction. The front elevation will be wood siding and brick. No landscaping plans were submitted. Chairman Stevenson commented this is controlled in their own group. MSC (Guyer - Stewart) Approval of dwelling to be constructed on Lot 47 in the Bonita Verde subdivision. -9- The motion passed by the following vote, to-wit: AYES: Members Guyer , Stewart, Comstock, Stevenson and Adams NOES: Member Johnson ABSENT: Member Willhite Member Johnson based his "no" vote on the fact that no architectural plans for landscaping, as required by the Ordinance, were submitted with the plans. Request for Approval of' Directional Sign at Corner of Bonita Road and Otay Lakes Road A letter from Mr. William Harshman, Principal Engineer, was read in which he stated he received a request from the administrators of the Southwestern College for per- mission to erect a directional sign at the intersection of Bonita and Otay Lakes Road. Since this was under the architecturally-controlled zoned, the request is now before the Commission. Director of Planning Warren commented that perhaps a sign for a public agency like this one is justified; however, the Commission should be careful since it will be erected in the public right-of-way. He added that the Commission is approving the sign, not the location. The Commission discussed the aethestics of the sign; Member Adams suggested the Planning Director approve the sign. Member Johnson felt the Commission should see a sketch of the sign. MSC (Guyer - Comstock) Approval of directional sign for the Southwestern College to . be located at Otay Lakes Road and Bonita Road. The motion carried by the following vote, to-wit: AYES: Members Guyer, Stewart, Comstock, Stevenson and Adams NOES: Member Johnson ABSENT:, Member Willhite Discussion. on Abstaining City Attorney Duberg stated that an abstaining vote by a member of the Commission is a "no" vote if the member participates in the discussion. However , a member, excusing himself from the discussion and removing himself from the podium, making it known that he is abstaining from the hearing will not have his vote counted as "no" in the motion. Newspaper Article Member Adams read an article from the "Star News" dated August 27, 1964 under the feature of the "Bonita Post Office Controversy" stating that he said: "Chula Vista is morally obligated to protect the people of Bonita from any development that is not compatible with the existing development in the area. ,, He wished to state, for the record, that he never made this statement. City Council General Plan Meeting Member Comstock reminded the Commission that the Council will hold a public hearing on the General Plan on Tuesday, September 8, 1964. He suggested the Commission be in attendance. -10- Vice-Chairman Stewart remarked that the City has spent a great deal of money on this Plan, and the Commission has approved it; they shouldn;';t get into a "hassle" over it right now. He added that many changes -wi.11 be made inthis Plan annually; it will be a better place to correct these changes at a later time. Planning Director Warren stated the consultant, Mr. Williams , will be present at this Council hearing to make the presentation; however,' it appears now that there is a possibility the Council will send this back to the Commission with certain changes. ADJOURNMENT MSUC (Comstock - Guyer) Meeting adjourn to September 21 , 1964. Meeting adjourned at 9:30 p.m. Respectfully submitted, Jennie M. Fulasz Secretary