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HomeMy WebLinkAbout1964-08-17 PC MINS MINUTES OF A REGULAR ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA August 17, 1964 The regular adjourned meeting of the Planning Commission of the City of bhula Vista 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, Willhite and Guyer. Absent (with prior notice) : Members Johnson and Adams. Also present: Director of Planning Warren, City Attorney Duberg and Planning Draftsman Irish. STATEMENT The Secretary of the Commission hereby states that she did post within 24 hours of adjournment, as provided by law, the order of the Commission for the adjourned meeting of August 5, 1964. APPROVAL OF MINUTES MSUC (Stewart - Guyer) Minutes of August 3 , 1964 be approved, as mailed. REZONINGS PUBLIC HEARING: Henry Rienstra - Southeast Corner Hilltop & Rienstra - Interim R-1 to C-1 The application was read in which a request was made to permanently zone approxi- mately 3.2 acres at the southeast corner of Hilltop Drive and E. Rienstra Street from interim R-1 to C-1 in order to establish a small shopping center. Planning Director Warren submitted a plot plan showing the location and noting the adjacent land uses and zonings. Mr. Warren also pointed out the existing streets and the shopping centers in the area. On December 17, 1962, the Commission ap- proved a request to rezone this parcel to C-1 predicated upon the filing of a final subdivision map. The City Attorney has stated this is no longer in effect; therefore, the applicant has re-submitted his application. Chairman Stevenson asked for comparison of the size of this property to that of other shopping centers. Director Warren remarked it was small ; others range from four to seven acres in size. The distance from this parcel to the nearest existing shopping centers would be a little over a mile. A larger shopping center in the Princess Manor subdivision is planned approximately three-quarters of a mile from+ this site. When the original application was submitted, Princess Manor subdivision = did not exist. Member Willhite questioned why the original application was now void. City Attorney Duberg stated the rezoning was placed on its first reading, never on the second reading. The readings should take place as stated in the Charter "within a .reason- able time of each other"; generally, this is a week or two apart. In this case, it's been almost two years and the Attorney finds this an "unreasonable" time. Vice-Chairman Stewart questioned why the second reading was never held. Director Warren said the applicant has never filed his final map. -1- This being the time and place as advertised, the public hearing was declared opened. Mr. Henry Rienstra, 1560 Max Street, stated he was under the impression this re- zoning was still in effect. Chairman Stevenson explained the commission only recommended to the Council that this change of zone be approved on the basis that the applicant bring in a final map; the final map was never presented. Mr. Rienstra declared he would like to put in a store that specialized in dairy products and fresh vegetables. Vice-Chairman Stewart asked the applicant whether he could bring in a final map on the C-1 area at this time. The applicant stated he could. Director Warren questioned the need for a subdivision map on these, that unless the adjacent property were in- volved, a map would accomplish nothing. Mr. John Proston, stating he lives down the street from this proposed shopping center, voiced approval of the rezoning. There being no further comment, either for or against, the hearing was declared closed. Chairman Stevenson asked for any specific recommendations the Planning Director might have. Director Warren -remarked that if rezoned, the Commission could not hold the applicant to any specific plans. Rezoning cannot be conditioned. Vice-Chairman Stewart claimed three facts were pertinent: (1) the applicant has been before the Commission once before and has received their approval , (2) other shopping centers are not close enough to this proposed center, and (3) this parcel is not desirable for residential development because it is placed between two schools. Mr. Stewart added he would be inclined to favor this request. RESOLUTION NO. 317 Resolution of the City Planning Commission of (MSUC Guyer - Stewart) Chula Vista Recommending to the City Council the Permanent Zoning of Property at the Southeast Corner of Hilltop Drive and Rienstra Street from Interim R-1 to C-1 Findings be as follows: 1 . The change constitutes good zoning practice, providing neighborhood shopping facilities. 2. The proposed location is over a mile from the nearest shopping center. 3. The adjacent schools and intersection make this site undesirable for residential use. Director of Planning Warren questioned the street dedication. Mr. Rienstra stated he would be willing to go along with .whatever the City would require - as to the street dedication and the improvements , provided he gets the rezoning. PUBLIC HEARING: Warren Thomas - South Side "H" Street between Oaklawn & Woodlawn - R-3 to C-2 The application was read in which a change of zone was asked for the south side of "H" Street from Oaklawn to Woodlawn Avenue, to a depth of 150 feet, from R-3 to C-2. -2- Director of Planning Warren submitted a plot plan noting the location and the ad- jacent zonings. The property contains 33 ,000 square feet and is presently zoned R-3. The applicant proposes to have a service station and Speedee Mart store located here; he has already signed the leases with these people. This being the time and place as advertised, the public hearing was opened. Mr. Warren Thomas , the applicant, showed the Commission a picture of the store and service station proposed. They will be of a "ranch-type" structure. He said he contacted every person within 300 feet of this location and they all approved the development with the exception of two people. The buildi-ngs will set back 75 feet from the street; there will be a driveway between Oaklawn and Woodlawn Avenues. Mr. Thomas presented a petition signed by adjacent residents approving the proposal . Mr. Don Smith, architect for the Speedee Mart store, said it was pleasantly unusual for his business to share a 250 foot frontage with just one other business. He spoke of the store hours commenting that the Speedee Mart operates from 7 a.m. to li) p.m. , seven days a week. Mr. Ray Powell , representing Shell Oil Company, stated the lease calls for a ranch- type service station. This type of station is very well received and highly de- sirable for a location such as this one. They will have lights which will be just on the station and not reflect on the residential area. He added there will be no traffic problem, and it- would in no way be detrimental to the area. Chairman Stevenson questioned whether it would be an all-night -station. Mr. Powell said, ordinarily this is restricted to a freeway location and even though the station has the right to name their hours , he doubts if this station will stay open all night. He added, however, he could not make this a definite -statement. Mr. Warren Thomas spoke briefly about landscaping plans for the propertyl_ There being no further comment, either for or against, the hearing was declared closed. Member Comstock commented he disliked spot zoning; however, he felt it was justified in this location since there is C-2 zoning across the street. Vice-Chairman Stewart took issue with the arguments for spot zoning. He declared the 'Council was wrong in their decision in overriding the recommendat'ion .of the Commission in allowing this C-2 zoning across the street. This is definitely an intrusion into the residential area. Mr. Stewart added that if the Commission grants this request, they must be prepared to rezone all that land .to the east and west. . This will turn into another "hodge-podge" development similar to that on Highland Avenue in National City. The Commission will also be ignoring the recom- mendation of two zoning consultants who strongly recommended that they do not rezone to commercial on this street. Member Comstock questioned whether a clause could be adopted whereby a residential building converting into a business would have to change the appearance of the structure from a house to an office building, if they desire to use if for commercial purposes. The Commission discussed this possibility and Member Comstock asked that the Attorney look into this and submit an informal opinion on it. Member Willhite felt the precedent was established by the Council as to their feelings on rezoning to commercial in this area; that they have clearly indicated -3- that this area should be commercial. He agreed with Vice-Chairman Stewart that a study should be made of this entire area and said he favored a commercial "lead-in area to the city's shopping centers. Director of Planning Warren stated> he doesn 't have any specific recommendation on this property; there is no question but that the zoning across the street is a mistake. This property is presently zoned R-3 , and every man that owns this kind of property would like to have a service station located on it; it is profitable. Mr. Warren said he agrees with Vice-Chairman Stewart as to having a study made on this street rezoning the entire portion and not just this particular parcel , or none at all . Commercial zoning can not be justified for any part of this area; through no fault of the Commission, commercial zoning was started across the street, and this adds to the problem. Chairman Stevenson agreed adding that it is against the Master Plan, and in rezoning any area, the Commission should consider "need" and "public necessity." RESOLUTION NO. 318 Resolution of the City Planning Commission of MSC (Comstock - Willhite) Chula Vista Recommending the Rezoning of Property on the South Side of "H" Street Between Woodlawn and Oaklawn Avenues. The reduction in setback was discussed. Member Willhite felt, if this were denied, they would have to come in and apply for a variance for their signs. Findings areas follows: 1 . The proposed use (service station and Speedee Mart store) is justified for public convenience for the people on the south side of the street, as well as serving the general area to the north. 2. The land on the north side of this location (north side of "H" Street) is zoned C-2 causing this property to be unsuitable for residential development. 3. That the request for the reduction in setback from 25 feet to 5 feet on "H" Street and Woodlawn Avenue be denied. The motion carried by the following vote, to-wit: AYES: Members Comstock, Willhite and Guyer NOES: Members Stevenson and Stewart ABSENT: Members Johnson and Adams Chairman Stevenson voted "no" based on his own concept as to what is good zoning practice, rather than what is already established by the Council . PUBLIC HEARING:" Pbrtion of Grout Annexation - Bonita Road - Interim R-3-D to Permanent R-3-D Planning Director Warren submitted a plot plan and explained the history involved around this matter. He stated this matter was similar to the first item (Rienstra) whereby this interim zoning took place sometime ago and is now coming up again. The R-3 zoning came into being here because of this location to the proposed freeway. Director Warren felt the- B-2 stipulation could be applied here, and with the archi- tectural control already imposed, a compatible R-3 development could be assured. -4- This being the time and place as advertised, the public hearing was opened. Mr. Frank Ferreira, 3715 Putter Drive, owner of the land, spoke in favor of it. Member Willhite questioned the square foot per unit proposed for the apartments. Mr. Ferreira said his present plans called for greater density to the rear and less to the front of the property. This would leave an open area in front. With the 12 to 1 ratio for parking, Mr. Ferreira stated he would go to 1000 or 1500 square feet per unit, except in front. There being no further comment, either for or against, the. hearing was declared closed. Member Comstock remarked he did not consider this proper zoning for this area, due to its location. The Commission discussed the proposed 1000 square feet per unit, and Member Guyer asked the applicant if he could accept 2000 square feet per unit. Mr. Ferreira stated that economics force him to create a large density in the rear. He would actually be going 4 to 1 (four times the density in the rear as the front) . He. , added that to date, he has spent $60,000 on this area in order to develop it as` . R-3. Mr. Ferreira than spoke briefly of the landscaping he will put in here. Mr. Ferreira further stated that he does not plan to develop this entire project at once; he will do it in parcels , as financing permits. Mr. Warren remarked this would create another problem. He added that he feels he is being penalized, if cut down on the number of the proposed apartments. Member Comstock stated he was under the impression that this was permanently zoned; that this was a legal technicality. Holding another public hearing on this zoning is a "comedy of errors" and, Member Comstock continued, the Commission should not hold the applicant up any further on this permanent zoning. However, he felt asking for 2000 square feet per unit was justified. The other Commissioners agreed that they too were under the impression that this parcel was permanently zoned. Mr. Ferreira stated he annexed this to 'the .City as R-3-D. Director Warren declared the records were clear-cut: it is interim-zoned. R-3. RESOLUTION NO. 319 Resolution of the City Planning Commission of MSC (Guyer-Stewart) Chula Vista Recommending the Permanent Zoning of a Portion of Grout Annexation- Interim R-3-D to R-3-D The findings are as follows: 1 . Establishing permanent zoning here constitutes good zoning practice. 2. This area was inadvertently interim-zoned; the Commission was under the im- pression it was zoned permanently when annexed. The motion passed by the following vote, to-wit: AYES: Members Guyer, Stewart, Stevenson and Willhite NOES: Member Comstock ABSENT: Members Johnson and Adams -5- CONDITIONAL USE PERMITS PUBLIC HEARING: J. R. Shattuck - 490 E. "J" Street - Tract Sales Office and Sign The application was read in which a request was made to use the garage of one of the model homes at 490 E. "J" Street in the Weatherstone Subdivision as a sales office and also for permission to erect a 4 foot by 8 foot sign advertising the subdivision on this same lot. Director of Planning Warren submitted a. plot plan noting the location and ex- plaining the need for the permit. According to the ordinance, the applicant is allowed 150 square feet for signs; he has applied for a sign totalling 32 square feet. Mr. Warren asked that two conditions be imposed if the request is granted: limiting the time for the sales office and the reconversion of the office to a garage. This being the time and place as advertised, the public hearing was opened. There being no comments , eitle r for or against, the hearing was declared closed. MSUC (Stewart-Comstock) Approval of conditional use permit for sales office and sign, subject to the following conditions: 1 . That the model home be allowed for one year or until 90 % of the homes in the entire subdivision are sold, whichever is first. 2. That the garage will be reconverted for vehicular use at the end of this time. Further, that findings be as follows: I. Granting this conditional use permit will not be materially detrimental to the public health, safety or welfare. 2. The characteristics of the use proposed are reasonably compatible with the types of use permitted in the surrounding areas. This is a new subdivision and the use will be a temporary one. VARIANCES PUBLIC HEARING: Jadson, Inc. - Northeast Corner Oaklawn & "H" Street - Front Setback Reduction The application was read in which a request-.was made for a reduction in front setback from 25 feet to 5 feet to allow for construction of a store building. Director of Planning Warren submitted a plot plan noting the location and the adjacent land uses. He explained that the setback along Oaklawn has never been established, therefore, the 25 feet is applicable. The applicant intends to con- struct a building housing a grocery store and laundry; thus - the request for the 5 foot setback. Director Warren added that the Commission should set a hearing to consider establishing the setback along this entire street. This being the time and place as advertised, the public hearing was opened. Mr. Cliff Beuford, representing Jadson, Inc. , stated they wish to utilize their property same as that to the east. They need this reduction in setback in order -6- to conform to the other setbacks- and to orient their building to face on "H" Street. There being no further comment, either for or against, the hearing was declared closed. The Commission discussed the parking layout; Member Willhite commented that parking to the front here would keep the traffic off "H" Street. MSUC (Comstock-Willhite) Approval of variance for reduction in front setback from 25 feet to 5 feet, subject to the condition that it be in conformance with the plot plan submitted with the application. Further, that findings be as follows: 1 . There are practical differences and unnecessary hardships within the meaning of Ordinance No. 398 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. This commercial property now has a 25 foot setback which is unusual and unnecessary in this instance. If a setback had been established here, it would no doubt have been five feet. 3. Granting this varidnce is necessary for the preservation of the substantial property right of the applicant. Variance will allow setback normally applied to C-2 zones. Applicant will be able to orient buildings toward ."H" as customary instead of toward Oaklawn Avenue. 4. Granting this variance will not be materially detrimental to the public welfare or- injurious to the pro.perty A mprovements in the zone or district in which said property,- is located. Other commercial properties in this area are allowed to ob- serve such a setback; all directly related property is commercial . RESOLUTION NO. 320 Resolution of the City Planning Commission -.of the MSUC (Comstock-Stewart) City of Chula Vista of Their Intention to Consider An Amendment to- the City Code, Chapter 33, Zoning, Section 33.7. , Building Line Map, Front Setbacks on Oaklawn Avenue 1 . That the Commission wishes to establish a :10 foot setback 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 along the C-2 zoned property, north of "H" Street. AMENDMENTS TO ZONING ORDINANCE PUBLIC HEARING: Section 33.26 —Deletion of Business and Professional Offices in , R-3 Zone Planning Director Warren explained that the ordinance lists business -and professional offices as an allowable use in an R-3 zone with a conditional use permit. The purpose of this public hearing . is to consider elimination -of this use from this section. -7- This being the time and place as advertised, the public hearing was opened. Mr. Paul Yeager, 414 "J" Street, spoke in favor of the amendment commenting that it would stop "spot zoning. " There being no further comment, either for or against, the hearing was declared closed. The Commission discussed the question of whether or not the City Attorney approved all ordinance changes before they go to the City Council . Mr. Warren said drafts are submitted to him for approval . RESOLUTION NO. 321 Resolution of the City Planning Commission MSUC (Guyer - Comstock) of Chula Vista Recommending to the City Council the Amendment to the Zoning Ordinance Deleting Business Offices as a Use in an R-3 Zone. That findings: be as follows: 1 . It is necessary to delete this provision to properly administer the intent of the Ordinance. The City Attorney has ruled that essentially, as written, it will be difficult to administer the intent of the Ordinance; that a new zone should be created and applied where professional and office uses can coexist and still main- tain good planning principles. MISCELLANEOUS Request for Home Occupation - Shirley Heim Director of Planning Warren stated the department has received a complaint re- garding Mrs. Heim conducting a music studio in her home. After being advised of this , Mrs. Heim came in and applied for a home occupation. After looking over her application, the staff questioned whether or -not this business should be allowed with a home occupation permit. Mrs. Shirley Heim, 721 Oaklawn Avenue, stated she teaches the accordian to several students in her home, a duplex. She hopes to have 20 students at the most, at which time she will be able to afford to rent a studio in a commercial zone. The students come after school , perhaps two or three a day. The average time alloted the students would be 10 hours maximum a week. She also has an accordian band practice consisting of four or five students who practice on Saturday mornings about 11 :30 a.m. This is done in her garage. To date, she has had no complaint from any of her neighbors; the complaint the Planning Department received was from her former employer. When she left her, several of the students left with her. Mrs. Heim added that if the Commission was against the band practice, then she would rotate the practice at other homes. Vice-Chairman Stewart felt that this was not a suitable home occupation. The fact that neighbors do not complain is no sign that they do not object. Chairman Stevenson felt if it were restricted to a certain period of each day, it would be all right. Member Guyer asked about the parking facilities. Mrs. Heim stated this was no problem as just one student at a time comes for his lesson, and then most of this time, his mother will drop him off. -8- Member Comstock remarked that if the number of students were restricted, the time of day •specified, .and have the applicant come back in one year for another hearing, he would go along with it. The landlord of the duplex, living next door to Mrs. Heim, stated he had no objec- tion. bjec- tion. Vice-Chairman Stewart asked if any property owners in the area were notified. Mr.. Warren said the staff. notified about te-n adjacent property owners. City Attorney Duberg stated that Mrs. Heim should be notified that this was not a public hearing, and that 'if any neighbors did complain ,in. the future, the permit _could be revoked. Chairman Stevenson commented that the dangerous thing about this was that it hurts the commercial enterprise-- taking students away from her former employer and setting up her own studio in a residential occupancy. Since the Commission must :find, in.writing, whether or not this home occupation was permissible, he would suggest this matter be held over until .the next meeting. The Commission -ooncurr.ed that a draft :of a resolution be prepared by the staff. MSUC (Comstock-Guyer) A draft of a resolution be prepared and presented to the Commission at the next meeting for action. COMMUNICATIONS- Written: Request to Expand Non-Conformin Use —Mathews Co. - "K" Street, West of Third Ave. Director of Planning Warren reviewed the request. as received by. letter from S. C. Mathews, . owner of property located at 333 - 341 "K" Street. The owner operates a Farm Hardware, Farm and Welding Supply business at this location in a double Quonset but metal building. He now wishes to -remove' this Quonset but and replace it with a concrete block building for a .sales display area- and office.. He also requests that required off-street. parking spaces be limited to eleven due to the fact that most of. his business is done by telephone and delivery. Mr. Warren said there was a doubt in the staff 's mind as to whether this would be adding to a non-conforming use or a legal one, since the property is zoned C-1 . Member Comstock- said he felt this operation vas "out-of-place" in. this location, according to the growth of the City. Mr. Mathews explained his business was: a unique one as compared to a super market or a retail sales store. Most of the business 'is conducted over the phone or by sales- men .who go out into the field and contact the customers; the biggest part of his orders are delivered by truck. Very few customers are in the store at any time; it is unusual for three customers to be in at the same time. Mr. Mathews compared his business to other -similar operations in- San Diego and vic-inity. Member Comstock remarked that these other businesses the applicant cited were in M''=1 zones. City Attorney Duberg stated this property is presently zoned C-1 and this use is either C-1 or C-2; he felt there was no question about it. Member Willhite agreed saying they could grant this under "other uses which in the judgment of the Commission .would be no more objectionable, etc." He added it would -9- be an improvement in the area. Member Comstock disagreed saying the Commission is talking about a retail use; this was an M-1 use. Vice-Chairman Stewart remarked that if the applicant was not granted this request, he would either have to stay the way he is or move out of there. Director Warren reminded the Commission that a resolution in writing must be passed for this. Vice-Chairman Stewart suggested a resolution be drawn up ,and presented to them at the next meeting for action in the matter. Director Warren stated. a resolution allowing less than the required number of parking spaces is also needed. MSUC (Stewart - Willhite) The staff prepare a resolution for this request and for the parking and bring it to the next meeting for action. Request to Display Wrecked Car in C-2 Zone A letter from Mr. Don Miller, 333 "E" Street, was read in which he requested that he be allowed to display a wrecked car on his premises in lieu of the billboard presently erected there. This wrecked car would be displayed for 30 days during which time all interested persons would leave their estimate of the damage encurred. This would be a contest and prizes given at the end of the month. A picture typifying the proposal was circulated. Chairman Stevenson felt this would be a distraction for everyone traveling on "E" Street. Member Comstock stated the police department would be getting calls about this. Vice-Chairman Stewart declared it was just a "gimmick" and he wouldn 't go along with it; it certainly can't be construed as a sign. City Attorney Duberg agreed. MSUC (Stewart - Guyer) Request to display wrecked car at 333 "E" Street be denied. Change of Meeting Date Planning Director Warren stated the next regular meeting, September 7, falls on a holiday, and the next day is a City Council meeting. He suggested the Commission meet instead on the 3rd of September which is on a Thursday. RESOLUTION NO. 322 Resolution of the City Planning Commission of MSUC (Stewart - Guyer) the City of Chula Vista Canceling Regular Meeting of September 7, 1964 The Commission will hold its next regular meeting on Thursday, September 3, 1964. ADJOURNMENT MSUC (Guyer - Stewart) Meeting adjourn sine die. The next meeting will be held on Thursday, September 3, 1964. Meeting adjourned at 10 p.m. Respectfully submitted, Jennie M. Fulasz Secretary