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HomeMy WebLinkAbout1964-06-01 PC MINS MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA June 1 , 1964 The regular meeting of the Planning Commission of the City of Chula 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, Johnson, Willhite, Adams and Guyer. Absent: None. Also Present: Director of Planning Warren, Junior Planner Lee, City Attorney Duberg, Principal Engineer Harshman and Planning Draftsman Irish. APPROVAL OF MINUTES Member Comstock asked that the statement he made on .page 2 of the minutes regarding the James Bear conditional use permit be changed to read: "Member Comstock declared his original motion stated his intention was that the dwelling was to be used for professional offices only and not residential , and that the City Attorney had not in- formed him of the need for such a condition, at that time." MSUC (Comstock - Willhite) Minutes of May 18 be approved, subject to the change requested by Member Comstock. REZONING: PUBLIC HEARING: Permanent Zoning and Establishing Building Lines - Portion of Bonita Village Annexation Director of Planning Warren submitted a map of the area explaining the interim zoning and the suggested permanent zoning. The permanent zoning will be as interim zoned with the exception of property owned by Mr. Danny Thomas; this is interim-zoned commercial , and the recommended change would be to R-3-13-3-D (multiple family, 3000 square feet per dwelling unit with architectural control) . Mr. Warren then pointed out the area to be left interim zoned - corner of Otay� Lakes Road and that owned by the Bonita Valley Country Club. Mr. Warren then explained the proposed setback changes: On Bonita Bridge Road, a reduction from 25 feet to 5 feet; on Allen School Road, from 25 feet to 15 feet and on Lot 12 of the Bonita Verde Subdivision from 25 feet to 10 feet. Chbirman Stevenson asked if this was in conformance with the General Plan; Mr. Warren said it was. This being the time and place as advertised, the public hearing was opened. Mr. Stephen Gassaway, representing the Sweetwater Valley Civic Association, stated they have studied the planning staff's recommendations and wish to go on record as endorsing this proposed permanent zoning. There being no further comment, either for or against, the hearing was declared closed. Member Johnson asked if the property owners had expressed any opinions. Mr. Warren declared that, as recommended by the staff, it meets with their approval . The Commission discussed the established setback on Lot 12 of the Bonita Verde Sub- division. Mr. Warren explained this was to correct what appears to have been an error. -1- RESOLUTION NO. 308 Resolution of the Planning Commission Recommending MSUC (Guyer - Stewart) to City Council the Permanent Zoning of a Portion of Bonita Village Annexation and the Establishment of Building Lines. 1 . That zoning be as follows: R-1-B-20-D; A-D; R-3-13-3-D and C-1-D. 2. B uilding Lines be established as follows: Bonita Bridge Road - 5 feet. Allen School Road - 15 feet. Lot 12 of the Bonita Verde Subdivision - 10 feet. CONDITIONAL USE PERMITS PUBLIC HEARING: Lawton & Lienhard - 349 "H" Street - Professional Office Buildings in R-3 Zone The application was read in which permission was asked to construct a single-story professional building for use as two offices; construction of a 14-unit apartment to be converted in the future for office use. Director of Planning Warren submitted a plot plan of the area noting the adjacent zonings and land uses and explained the request. This being the time and place as advertised, the public hearing was opened. Dr. Raymon Lawton, one of the applicants, explained the phasing he desires in de- veloping the property over the next three to five years. Dr. Lawton stated that the character of the street was not conducive to residential use. Mr. Ernest Schnepf, 3676 Valley Vista Road, Bonita, owner of property across the street from this proposal , objected to the request stating it was "spot zoning," and would set a precedent. There being no further comment, either for or against, the hearing was declared closed. Chairman Stevenson commented that the remarks in opposition des6rved some recognition, and he felt they would have a hard time turning down other applications for similar or C-1 uses on this street, if they approved this application. Vice-Chairman Stewart declared the property was best suited for R-3 development as there is heavy R-3 development between Second and Third Avenues. He felt this would be an intrusion into this residential area and would start a precedent. Mr. Stewart added that the Consultants have recommended that "H" Street be maintained as high density multiple-family use rather than :professional ; and that Chula Vista has now more than its share of commercial property. Mrs. Lawton remarked that it has taken them two years to find a suitable site allowing them enough room to build and provide the parking spaces required by the City. The Commission concurred that economics were involved here, but there is suitable and sufficient commercial land available elsewhere. MSUC (Adams - Stewart) Conditional Use Permit be denied for the following reasons: -2- 1 . It would be an intrusion of a commercial use in an area that is best suited for high density R-3 development. 2. That the proposed use would not be compatib, 6 in this residential area. PUBLIC HEARING: Princess Park Estates - Princess Manor - Sales Office and Signs The application was read in which permission was requested to construct a temporary building to be used as a sales office for a period of two years. Permission was also requested to erect 24 signs throughout this subdivision containing a total of 108 square feet: 9 signs - 116" x 21 ; 14 signs - 12" x 911; 1 sign - 6' x 101 . Director of Planning Warren submitted a plot plan and map of the area noting the location of the signs and sales office. Member Adams asked about the parking area. Mr. Warren indicated that ample parking would be provided. He then asked that approval be based on the following conditions: 1. That no structures be permitted within the street right-of-way. 2. That the project be allowed for two years or until 90 % of the homes in the entire subdivision are sold, whichever is first. 3. That no night-lighting be allowed. 4. That all of the lots will contain single-family homes and all display features be removed when the permit expires. Member Willhite questioned the recommendation on the night lighting stating this sub- division was in the middle of nowhere, and that the condition seemed unnecessary. Mr. Warren explained these were model homes and were not on display after dark. Mr. Ralph Spaid, representing Princess Park Estates, Inc. , corroborated this statement but asked that some type of flood lighting be approved for security. Member Willhite commented that without proper lighting, the subdividers could realize a losss- the homes will be unoccupied - burglary, vandalism, etc. , could occur. Mr. Warren commented that with proper use, security lighting should not be objectionable. 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. The Commission discussed the number of proposed signs. Mr. Warren stated they are allowed a total of 150 square feet; they have applied for 108 square feet. MSUC (Guyer - Stewart) Conditional Use Permit be approved subject to the recommenda- tions of the Planning Director with the exception of the provision of night lighting. This .should read: 1. Suitable lighting be provided on the grounds as needed for security and as approved by the Director of Planning. VARIANCES PUBLIC HEARING: Princess Park Estates - Princess Manor - Tract Signs in R-1 Zone The application was read in which a request was made for permission to erect 37 -3- additional signs having a total of 506 square feet to be located throughout the subdivision. Director of .Planning Warren noted the location of the proposed signs on the map. ' Vice-Chairman Stewart asked the Planning Director for his comments as to whether it was reasonable to have this number of signs in the subdivision. ' Mr. Warren reminded him that this was not an "average" subdivision - it was the largest subdivision ever planned for Chula Vista and that there may be a need for additional signs for this reason. This is not a normal subdivision for which the ordinance was designed. Mr. Ralph Spaid, representing Princess Park Estates, stated they need as many as 4 or 5 signs on one model home - to explain the fencing, patios, etc. The large sign is for information purposes. Member Johnson questioned the offsite signs. Mr. Spaid remarked that the sales company have already established their offsite signs in conformance with zoning. Mr. Paul Yaeger, 414 "J" Street, spoke of a large sign the Commission denied another applicant a few months ago, and felt if this sign was approved, the Commission should reverse their decision and approve the other one. Vice-Chairman Stewart reminded the Commission that the sign Mr. Yaeger spoke of was one pertaining to "renting" for apartments, which would have been a permanent sign; this proposed sign is a temporary one and will be well-removed from the areas of travel . Member Willhite agreed, stating that the conditions were not comparable. Member Adams commented that he could find no exceptional circumstance for this variance; they cannot say it's because the land is vacant - he has yet to see a subdivision that was not vacant land in the beginning. MSC (Comstock - Johnson) Variance be approved subject to the following conditions: 1. That no structures be permitted within the street right-of-way. 2. That the project be allowed for two years or until 90 % of the homes in the entire subdivision are sold, whichever is first. 3. That night-lighting be approved by the Director of Planning. 4. Display factors and structures to be removed when the permit expires. The motion carried by the following vote, to-wit: AYES: Members Comstock, Johnson, Stevenson, Willhite, Guyer and Stewart NOES: Member AdbM§ ABSENT: None PUBLIC HEARING: Albert M. Baker - Southeast Corner "H" Street and Interstate #5 - C-2 Use in R-3 Zone Attorney DeWitt Higgs, representing Mr. Baker, asked for a continuance on this hearing until the meeting of July 6, 1964 in order to give him more time to study the traffic flow at this location. MSUC (Comstock - Stewart) Public'ihearing be postponed until the meeting of July 6, 1964. -4- r PUBLIC HEARING: Edwine A. Brule - 152 and 156 "G" Street - Request to Create Lots With Less Than 7000 Square Feet and to Build on Easement. The application was read in which permission was asked to split property into three lots. Rear lot known as "Parcel 3" will contain 6000 square feet and will be served by a .15 foot easement rather than having 50 feet of frontage on a dedicated street. "Parcel 2" on the east side will contain 4800 square feet. Director of Planning Warren submitted a plot plan of the area and explained the applicant's proposal . This being the time and place as advertised, the public hearing was declared opened: Those speaking in opposition were: Perry Langford, 159 Vance Street, Ronald Forrest, 161 Vance Street, Arthur Grossman, 165 Vance Street, Richard Rhoades , 428 Minot Avenue, Wayne Farrell , 175 Vance Street, Mrs. Mabel Coben, 147 "G" Street and Mrs. Norman Anderson, 143 Vance Street who presented a petition with 15 signatures repre- senting nine properties. They stated as their reasons: (1) no exceptional circum- stances here that would justify the Commission's granting this request; (2) it will be "spot zoning"; (3) object to lots smaller than 7000 square feet, as all other lots in this neighborhood maintain this square footage; (4) should not allow anyone to build on an easement; (5) if the use does not remain R-1 , it would "start the ball rolling into other areas"; (6) bought property in a residential district - this should remain R-1 to protect their rights; (7) applicant lives in Pacific Beach; he will not be living here, but will be renting these homes; (8) quest house on property is in violation of the City Code. Mr. Edwine Brule, the applicant, asked for an extension of time until the 15th of next month in order to get an attorney to represent him. He declared he was not aware of the guest house being a violation on the premises when he purchased the property. Chairman Stevenson felt this delay was not necessary as all of the Commis- sioners have viewed the site; they have all the information before them now, plus the comments of the adjacent property owners. Vice-Chairman Stewart agreed, saying the access was also inadequate. MSUC (Stewart - Guyer) Request for hearing to be postponed until the middle of July be denied. MSUC (Guyer - Comstock) Variance be denied, as no exceptional circumstances can be found to justify granting the request; the access is inadequate for emergence vehicles; the creation of lots containing 4800 square feet and 6000 square feet are substandard; this is not necessary for the preservation of the applicant's property right. AMENDMENTS TO ZONING ORDINANCE PUBLIC HEARING: Amendment to Sections 33.3 and 33. 16 of Zoning Ordinance - Definition of "Family" and Minimum Floor Area, R-1 Zone. Director of Planning Warren summarized and reviewed the amendment stating the emergency ordinance passed by the Council was due to expire on July 23 , 1964. The staff has studied this at great length; he and Vice-Chairman Stewart took a trip recently to the Bay area to visit other cities and discuss the problem but could find none that had this "growing imbalance of low cost homes". Mr. Warren then read the staff's recom- mendation of the proposed ordinance change: The definition of a "FAMILY" under Section 33.3 is hereby amended to read as follows: -5- "An individual or two or more persons related by blood or marriage, or a group of not more than three persons (excluding servants) who need not be- related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. " Section 33. 16 is hereby amended to read as follows: SECTION '33. 16 SAME--FLOOR AREA PER UNIT. The minimum floor area per main dwelling unit in "R-1" One-Family Zones shall be as follows: 1 . 1000 square feet for each dwelling unit having 2 bedrooms or less. 2. 1200 square feet for each dwelling unit having 3 bedrooms or 2 bedrooms and den, family room or any other room designed for miscellaneous purposes. 3. 1300 square feet for each dwelling unit having 4 bedrooms or more or 3 bedrooms and den, family room or any other room designed for miscellaneous purposes, or more. Parking space for two cars shall be provided with a two-car garage containing a minimum of 400 square feet." Mr. Warren went on to explain that the staff has been studying ordinances that would allow flexibility - to provide low-cost homes in a more attractive manner; a provision that would probably be called a "planned unit development". This would allow a variety of residential types in the same area. Member Johnson asked what effect the 1300 square foot ordinance had on the building trends. Mr. Warren declared it was no deterrent to building; that building, all types included, reached an all-time peak while this ordinance was in effect. Member Willhite felt the City would be weakening their position if they adopted this suggested ordinance, rather than maintaining the 1300 square foot requirement. Vice-Chairman Stewart disagreed, stating the sliding scale will accomplish the same purpose in a more equitable manner. Member Willhite stated his thinking about this ordinance had nothing to do with the actual square footage; what they really accom- plished was an upgrading of the houses -one :66uld build a 2000 square foot house that looks like a "box" or an 800 square foot house that would have quality and look like a very nice home. He added he served on the residential committee on the master plan and this committee recommended 1200 square feet with 2-car garage as a blanket requirement. This being the time and place as advertised, the public hearing was declared opened. Mr. Paul Yaeger, 414 "J" Street, asked if the staff or Commission has ever taken into consideration a possibility of a person getting a variance to create a small section for retired people with 550 square foot homes ranging to 1000 square feet. Chairman Stevenson said they could request a zone variance, and if it was a sound, attractive plan, the Commission would probably grant it. Last year, two cases came before the Commission, both were elderly people who wanted small homes, and both variances were approved. Mr. James Deal , 660 Floyd Avenue, spoke in favor of keeping the emergency -ordinance, and reviewed the origin of this ordinance. He spoke of the record number of building permits issued in the City last year, and requested that the Commission carefully -6- APPRWAI MOTES Mouber WHIbit, asked that We Anutos be changeo to-indicate that he hN V Oted Tm �;?e� i�C?;i: !"_i P�Ia:.�c3�rr�`;ti9'i to Sections 3 � '� � �.�: Zoning� a w 7� •3 �"Family" Minimum g .�o� u:��'. .F,s :` 4:tt � J �r'4 fn 9 ri'�:i�� Icar Aren, R-1 Zone". { h �� q gy01A, jollity!°�'�;- �`i N�c.C.'ays Minutes i��1#t es 2`f May 18 �a���4•p �k. approved 4.4��i"9 the correction 0 study this matter before taking this ordinance off the books. He added that he agreed with Member Willhite about building a large home that d>ooked like a "cracker box." Vice-Chairman Stewart felt the law of economics is not liable to encourage this. Mrs. James Deal , 660 Floyd Avenue, suggested having a Board comprised of the builders in the City devise more stringent building code requirements. Mr. R. C. Rhoades, 428 Minot Street, asked the Commission to weigh their decision very carefully since they will 'be the ones to set a precedent and other cities will be watching to see what they do. The Commission discussed various subdivisions in town and possible ways of controlling quality in the homes. Mr. Warren reviewed the value of having an architectural board. Member Comstock discussed the relation of economics as compared to the size of a house. He mentioned various housing throughout the County and the city of San Diego, making comparisons. Director of Planning Warren commented that the 1300 square foot ordinance did accomplish one thing: the Commission did get a chance to see what type of home the applicant proposed to build, and it brought on a variety of homes, such as in the Princess Manor subdivision. Mr. Warren submitted several drawings of the homes in the Princess Manor subdivision pointing that the actual homes built do not in all .cases duplicate the beauty delineated on the sketches. Chairman Stevenson advocated that the Commission should be very sure of their actions before they make a final decision on this ordinance change. Member Adams said he- would like to see the 1300 square foot ordinance left on the books; however, it was not accepted by the general public - the builders, etc. He added this ordinance was too "rigid" - there was no "give" to it. RESOLUTION NO. 309 Resolution of the Planning Commission Recommending to MSUC (Comstock - Stewart) City Council the adoption of Various Amendments to Ordinance No. 398 and Chapter 33 of the City Code. SUBDIVISIONS Princess Manor Unit No. 1 - Final Map Director of Planning Warren reviewed the matter of the Commission's approval of the Rienstra Street access instead of Monserate Avenue and the resultant Council action requiring the supplementary Melrose Avenue extension. Mr. Warren then presented the recommendations of the planning and engineering staffs. MSUC (Comstock - Johnson) Final map of Princess Manor Unit No. 1 be approved subject to the following conditions: 1. That the alignment for the extension of Melrose Avenue southerly from the San Diego Gas and Electric Company Right-of-Way shall be approved prior to approval of the unit that will complete the portion of the subdivision lying west of the Freeway Right-of-Way. 2. The treatment of existing improvements at the end of Rienstra shall be approved by the City Engineer prior to approval of the final map by the City Council . 3. Negotiation for off-site Right-of-Way has not in all cases been completed. Any -7- realignment of Street Rights-of-Way as a result of Council condemnation shall be approved by the Commission. 4. That the following Street names shall be changed: Rienstra Court to Quinoa Court Rivera Street to Rienstra Street Dalseth Hills Unit No. 4 - Final Map Director of Planning Warren submitted the map, noting the location of the subdivision. He stated that negotiations for the off-site sewer have not been completed. MSUC (Stewart - Comstock) Final map of Dalseth Hills Unit No. 4 be approved subject to the following condition: 1. Right-of-way for off-site sewer shall be approved by the City Engineer and acquired prior to approval of the map by the City Council . MISCELLANEOUS Architectural Consideration - Lots 19 and 37 - Bonita Verde Subdivision - Single Family Dwellings Director of Planning Warren submitted the plans for the two homes proposed in the subdivision. He remarked that the deed restrictions in this subdivision require a 1600 square foot house. The first home proposed is a one-story dwelling and the second home, two-story. Mr. Warren asked the Commission to carefully consider any approval of two-story dwellings in this area. Structures , if restricted to one-story, can probably be compatible with the open use proposed in the General Plan for much of the Valley floor. Member Comstock asked how many homes had been approved in the subdivision. Mr. Walter Long, the developer, stated -these two would make a total of eight homes. Member Johnson questioned whether any more two-story homes were proposed here. Mr. Long stated they have a deed restriction prohibiting two-story homes along the fairway, but requests for two-story homes have been received for lots along the road. Mr. Warren felt an occasional two-story house would be all right, but a string of them ? would vertually become a wall . Mr. Stephen Gassaway, representing the Sweetwater Valley Civic Association, . stated the Board of Directors felt this request was reasonable, if restricted to the lots along Sweetwater Road and if the number of two-story homes was limited. MSUC (Stewart - Guyer) Approval of the dwellings on Lots 19 and 37 of the Bonita' Verde Subdivision. COMMUNICATIONS Letter from Jim Bear Requesting Extension of Time for Parking Area Paving A letter was read from Mr. Bear in which he requested the Engineering Department furnish -8- him with the necessary petition papers for the formulation of an assessment district in order to get his alley on 503 "H" Street paved by .the City. He asks a 90 day extension of time on his conditional use permit condition stating his parking places rust be paved. He would like this 90-day extension after such time as the engineering department furnishes him with the proper grade for the alley. Yice-Chairman Stewart asked if 90 days was a reasonable time. Mr. William Harshman, Principal Engineer, stated there are several things involved here: the design of the alley, the formulation of 1911 Act, but that whether or not Mr. Bear paved his parking area was not directly related to the condition of the alley. When asked by Mr. Stewart I s to when the alley grade could be established, Mr. Harshman suggested four to six weeks. PSUC (Adams - Guyer) Mr. Bear be granted an extension of 30 days from the date of receipt of the grades established for the alley. Member Adams asked that the Commission receive a copy of the letter from the Engineer- ing Department to Mr. Bear. Member Comstock request the engineering department expedite the matter , if possible. ASSEMBLY BILL - Outdoor Advertising A letter from Richard J. Donovan was read in which he related that Assembly Bill 38 was dropped by .the Senate Committee and Senate Bill No. 44 was adopted. He thanked the City for their support of this measure. Nursery School - 8-19 Fourth Avenue Mfrs. Madalon Bagnell stated she would like to start a Nursery School at her apartment house on 819 Fourth Avenue. She would use three of her apartment units and take in possibly 30 to 40 children, keeping some of them 24 hours , on occasions. She asked wat the proper procedure would be to obtain this permit. City Attorney Duberg stated she must make out an application to the Commission. Chairman Stevenson said, as it now stands, regulations do not allow a nursery school on her property at this time; however, she may apply for a zone variance and have a hearing before the Commission. 4—Warren reminded the Commission that the apartments now on the property were allowed with a variance. ADJOURNMENT MSUC (Comstock - Adams) Meeting adjourn to June 15, 1964. Meeting adjourned at 10:20 p. :-m. Respectfully submitted, Bennie M. Fulasz Secretary