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HomeMy WebLinkAbout1959-08-10 PC MINS MINUTES' OF A REGULAR MEETING OF THE PLANNING. CODMISSION OF/THE CITY OF CHULA VISTA, CALIFORNIA August 10, 1959 The regular meeting "of the Planning Commission of the City of Chula Vista was held on the above date in the Council Chamber at Civic Center at 7:30 P.M., with the following members present: Stevenson, "Weakland, Sparling, Harmstead, Adams" and Guyer. Absent: "Member Stewart. Also"present: City Attorney Kugler and Principal Engineer Harshman. Vice-Chairman Sparling presided in Chairman Stewartfs absence. APPROVAL OF MINUTES.: It was moved by Membe'r.Weakland,;,;seconded by Member Harmstead and unanimously carried that the-minutes of' the meeting'of July 20, 1959, be approved., -copies having been mailed to each member. REZONING PUBLIC HEARING - Olen Williams = 200' Block Whitney - R-1 to R-3 (continued)' Vice-Chairman Sparling reviewed past action, stating that the hearing had been con- tinued on the rezoning from R-1 to R-3 of both sides of Whitney., just east of Third Avenue, to allow the property owners sufficient time to determine that they have adequate vacant property for additional development. This being the time and "place to -which the hearing was continued, Vice-Chairman Sparling opened the hearing. Mrs. 01en'Williams stated that all the property owners involved want their properties rezoned; that most of the- homes are_ being- rented; and that her lot is sufficient in size to allow additional development and provision of access and off-street parking. NIr. Archie Edwards, 289 Whitney,, "stated that he had_.one of the larger lots on the north side of'I%hitney and has. sufficient room for construction and access and off-street parking. There being no further..comment, the 'hearing was closed. Member Adams stated that he feels some of .the lots could be developed further but that resulting developme-nt'Would'riot be desirable nor in the public interest. Member Harmstead stated that, in his opinion, the proximity .of the area to the" commercially developed Third Avenue cre-ate's .a hardship on the ,property and., -for this reason, the owners should be allowed to derive some income from`'their-property. Member Adams stated that the question is-whether or not it- is-goodplanning and that the Commission represents the entire city, and that it would not be 'in-the public -interest to crowd rentals in back of the existing houses on Whitney. He stated further, that with R-3 zoning on the property, the owners could request conditional use permits, thus encouraging business to intrude east on Whitney Street, setting a' precedent. Member Stevenson asked whether information."requested 'at the last meeting-had been obtained. Member Weakland asked what Mr. Edwards planned to build on his'.pr.operty and Mr. Edwards stated that he has sufficient room to build a two-story; .2 .unit. building. It was moved by Member Adams and seconded by Member Stevenson that the petition for rezoning from R-1 to R-3. of property on both sides of Whitney, east of Third Avenue, be denied because 'it will not be good zoning. practice. The motion carried by the following vote, to wit: AYES: Members Adams, Guyer., Stevenson, 19eakland, Sparling NOES: Member Harmstead ABSENT: Member Stewart PUBLIC HEARING - sH't Street, West of Broadway— R-3 to C-2 The application was read, requesting-rezoning from R-3 to C-2 of a portion of the property on the north and south sides of .ttH't Street,; west of Broadway. A map was presented showing proposed rezoning and adjacent existing zoning. This being the time and place as advertised, Vice.-Chairman Sparling opened the hearing. Comments favoring the rezoning and outlining.plans for development of their.properties were heard from Mr. Elmer Sorenson, speaking for Jadson, Inc., John Morgan, Ralph Paxton, and Mr. Homer T.. Mairie Mrs. Harold Stone, speaking for the owners of the Mayfair Market at Broadway and "Htt' spoke favoring the rezoning and stating that she feels the Mayfair Market should also be rezoned from its present R-3 to C-2. Mrs. Mildred Pressler, 522 Jefferson, protested the change of zone, stating that the community, south of the area proposed for rezoning, is residential in character and has sufficient commercial services on Broadway. Mrs. James Huffman_, 521 Oaklawn, protested the change of zone, stating .that the proposed rezoning extends too far into the residential area south 'of ttH% Mrs. .Lillian Stone, -516 Jefferson, stated that the proposed rezoning includes her property and she does not favor it. Mr. .Sorenson stated that the map should not have included Mrs: Stone's property. Vice-Chairman Sparling continued the hearing to August 24th to allow further con- sideration of the application by the Planning Director; to consider the possibility of including. the Mayfair Market property in the rezoning and to recheck the boundary of the proposed .rezoning,,-_- icor accuracy. PUBLIC HEARING - Vista Square Area g R-2 to C-2 Maps were presented showing the portions of Vista Square proposed for rezoning and the zoning of land adjacent. ,. This being the time and place as.advertised, Vice-Chairman Sparling opened the hearing. Mr. Ralph. Paxton stated that he feels 'a part of the property should be used for cultural purposes - auditorium for entertainment, educational purposes, conventions, etc., , in order to attract more tourist trade to Chula Vista, He stated that he feels a shopping center would be a mistake because of its probable effect on Third Avenue and Broadway. A comment was heard as to the desirability of having a t'planned" shopping center. Questions were raised as to what plans the Council has for a shopping center in the area. City Attorney Kugler stated that the land is being offered for sale at the appraised value and any plans will be controlled by the City Council and only a plan approved by the Council will come to pass. He stated that the Council will decide which of the bids will be accepted and .that.UTill depend partially on the plans being offered. He stated further that-the Council contemplates a cohesive plan for the area, and that they will never have more -control over its development than they have at this time. Mr. Paxton further stated that he feels Chula Vista is one of the finest cities in the County and that, if consideration is given to cultural development, we have an opportunity to evoke a great deal of outside interest. . -2 It was moved by Member Stevenson, seconded by Member Guyer and unanimously carried that the hearing be continued to August 24th and that a joint meeting with the Council be held to discuss the various phases of development of the Vista Square area. Vice- Chairman Sparling directed that a joint meeting be arranged and that owners of adjacent properties be notified of the continued hearing on August 24th. PUBLIC HEARING - t1Y Street Annexation w Prezoning to C-2 and M-1 A map was presented showing the zoning requested by property owners in the t1Le' Street Annexation.. This .being the time and place as advertised, Vice7Chairman Sparling opened the hearing. Mr. Charles Brown, representing the purchasers of the vacant portion of the property, spoke, stating that M-1 zoning was needed for planned development and he feels it is in an area suited for industry. There being no further comment, the hearing was closed. RESOLUTION NO. 129 - Recommending Interim C-2 and M-1 Zoning For HL« Street Annexation Offered by Member Stevenson, passed, adopted and approved by the following vote, to-wit- AYES: owit:AYES: Members Stevenson, Weakland, Sparling, Harmstead, Adams and Guyer NOES: none ABSENT: Member Stewart PUBLIC HEARING - Rear of Property, East Side of 700 B1ock .Broadway - R-1 to C-2 A map was presented showing the properties on the east side of the 700 block Broadway and the west side of Ash Avenue in the 700 block. It was explained that the lots fronting on Broadway are from 148 to 170 feet deep and the front 125 feet is zoned C-2, leaving the rear portion of the. lots zoned R-l. This being the time' and place 'as advertised, Vic®vChairman Sparling opened the hearing. Questions as to the depth of the existing- commercial zone and the proposed rezoning were heard from Ns. Paul Breminger, 790 Ash Avenue and Mr. Steven Kendy, owner of property on the corner of Broadway and "K11. Member Adams stated that he doesntt feel there is anything else to do with the property except to classify it the same as the frontage. There being no further comment, the" hearing was closed. RESOLUTION NO. 130 - Recommending Rezoning from R-1 to C-2 of the Rear Portion of the Properties Fronting on the East Side of Broadway, 700 Block Offered by Member Adams, passed, adopted and approved, by the following vote, to wit: AYES: Members Adams, Guyer, Stevenson, Weakland, Sparling and Harmstead NOES: none ABSENT: Member Stewart .Request for Rezoning - Ralph Paxton - A Portion of 100 Block Minot and Second, Rosebank Subdivision- From R-2 to R-3 - 3 A map was presented showing area proposed for rezoning to R-3. ' Vice-Chairman Sparling stated that the Council had referred a request to the Planning Commission that a recently vacated alley, north from t1E" Street between Minot and Second, be reopened and that he feels it_: should be considered during the hearing on the re- quested rezoninge It was moved by Member Harmstead,`-seconded by Member Adams and .unanimously carried that the applicationfor rezoning a portion of Rosebank Subdivision in the 100 block of Minot and Second from R-2 to R-3 be set for hearing on September 11th and that the request for alley opening in the area be considered at the hearing. VARIANCES PUBLIC FEARING - San Diego Gas .and Electric Company - 30 "Jt° Street The application was read requesting permission to construct a substation in a garage- type structure at the rear of a home at 30 "J" Street. Plans were presented showing the plot plan of the property and elevations of the proposed structure. This being the time and place as advertised; Vice--Chairman Sparling opened the hearing. Mr. Frank DeVore, speaking for the San Diego Gas 8-, Electric Company, presented pictures of the existing dwelling and neighboring properties. Mir. DeVore explained the nec- essity of locating a substation in this area and stated that because of the high type development in the area, they proposed to enclose the substation as indicated on' plans, rather than build it in the open. He stated that all major feeder lines to the sub- station will be underground and that the property will be maintained to preserve .a residential appearance. Mrs. Biggs, 38 "it, Street, asked about the possibility of excessive noise from the substation. Mr.- DeVore stated that this is not a major sub- station' and that the construction materials of the walls will absorb the major portion of the noise. Member Adams asked whether the building could be lined with sound- absorbing material. Mr. DeVore stated that it cannot be completely sound-proofed because a part of the roof must be left open to allow cooling but that the noise would be slight. He stated that the grounds will be completely fenced in with a gate across the driveway and that the present owner of the property will live in the dwelling until October. There being no further comment, the hearing was closed. Member Adams asked why the request was submitted as a variance rather than being submitted as: a conditional use permit, when it doesntt appear there are exceptional circumstances pertaining to the property itself. Mr. Ed Culnan stated that he feels it should be allowed as a public necessity and that it could qualify for a variance as a hardship for that reason. City Attorney Kugler stated that such a reason might be a basis for a zone change but' a zone variance must be based on a hardship about-- the property itself.. It was moved by Member Harmstead and seconded by Member Guyer that the San Diego Gas and Electric Company be granted a variance for construction of a substation at 30 "J" Street, subject to the conditions that the unit be enclosed in a garage-type structure, screened from the front by landscaping and a residential-type building_. Further, that the action be based on the following findings of fact: 1. There are exceptional circumstances in that, due to the increasing use of electricity in this area, an additional location for a substation is necessary. 2. The variance is necessary for the preservation of a substantial property right, 3. The granting of the variance will not be materially detrimental to public welfare or injurious to property improvements in the district in which it is located in view of the fact that the substation will maintain a residential appearance® The motion carried by the following vote, to-wit.- AYES: owit:AYES: Members Stevenson, Weakland, Sparling, Harmstead and Guyer NOES: Member Adams ABSENT:Member Stewart PUBLIC HEARING Presley W, Carter - Northwest Corner Hilltop and Center The application was read requesting a reduction in setback along Hilltop Drive from 25 to 20 feet and reduction in rear yard from 20 to 12 feet for the purpose of con- structing a dwelling, Plans for the proposed dwelling were submitted. This being the time and place as advertised, Vice-Chairman Sparling opened the hearing. A letter was read from Mr. Jack T. Wilson, owner of the next property on Hilltop, and he spoke, stating that he would not object to a 'reduction in setback on Hilltop Drive if Mr. Carter would place his house five feet toward Center Street, leaving a 17 foot rear yard setback. He stated that the rear yard abuts his property and would have more effect on his property than would the reduction on Hilltop. Mr. Carter stated that he would agree to observe the minimum 20'.f oot setback on Center rather than 25, as sh6wri -on plans. A letter was read from Mr. Gordon Knapp, approving the granting of the variance. Member Stevenson stated that he felt the matter should be referred to the Safety Council for recommendations as to whether the house would create a blind corner: Members Adams and' 14eakland stated that they feel it is not pertinent in this particular instance,. Member Sparling stated.that, after subtracting the required set- backs along Center and Hilltop, the lot has approximately 4,724 square feet left to build on out of 8,424 feet. There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Harmstead that the applicant be granted a reduction in setback along Hilltop Drive from 25 to 20 feet and a reduction in rear"yard setback from 20 to 17 feet for the purpose of constructing a dwelling. Further, that the action be based on the following findings of fact: 1. The property is a corner lot and the large amount of lot area taken up by setbacks constitutes a hardship. 2. The property owner cannot enjoy a reasonable property right without the granting of a variance. 3. The granting of the variance will not be materially detrimental to public welfare or injurious to properties in the district. The motion carried by the following vote, to-wit:. - 5 � AYES Members Adams, Guyer, Stevenson; Sparling and Harmstead NOES: none ABSENT: Member Stewart . ABSTAINING: Member Weakland STREETS AND HIGHWAYS Alley Opening - North from "E", 'Between' Second and Minot Vice-Chairman Sparling stated that, as ,indicated.above, the matter would be discussed at the meeting` of September 14th,' during the public hearing on rezoning for the,area. Easement Vacation - North of Orange, west of Broadway A letter was read from the Christie- Construction Company, referred to ,the Planning Commission from the City* Council, asking that a 40'foot street reservation along the rear of properties fronting on the north side of Orange Street, west of Broadway, be vacated. Principal Engineer Harshman presented a map showing the location of the street reservation. Member Sparling suggested'-that the matter be continued -for investigation of the city's legal right and the desirability- of a street in that location. It was moved by Member Adams, seconded by Member Harmstead and unanimously carried that the matter be tabled* MISCELLANEOUS' Swimming' Pool Ordinance Vice-Chairman'Sparling'directed that the ordinance be 'placed on the agenda for the meeting of August 24th. COMMUNICATIONS Extension' of Mitscher Street, West of .Corte-Maria. Towards First Avenue. A. letter was read' from'Mr. D. H. Lively requesting Planning-Commission approval and recommendation to Council of the proposed"extennsion of Mitscher Street; west of Corte Maria. The plans indicate that- a cul-de-sac would be constructed at the westerly terminus in that it appears Mitscher Street cannot be extended to First Avenue. Principal Engineer Harshman stated that- the .proposed 40 foot radius cul-de-sac appears to be adequate for the number of houses -the street will serve. . Member Sparling stated that he feels the Commission shouldn't take any action until the necessary dedications are definite. The Commission directed that a. letter be written to Mr. Lively asking that the matter be brought back to the Commission after the necessary street dedications are certain. Development at East End of Palomar Drive, ITest of Third Avenue A request was made by'Mr. Irvin Rose that the Planning Commission recommend to the City Council that the 1 ft. lot at the east end=of Palomar Drive, west of Third Avenue, be dedicated for street purposes in order that his property at the end of -the cul-de-sac can be developed. A map was submitted showing the property cuts adjacent to the cul- de-sac. Vice-Chairman' Sparling reviewed the previous action on this matter, stating _ 6 _ that the Commission did not wish to make recommendations to Council until a land-use study was made in the area in connection with a rezoning request on nearby property, fronting on Third Avenue. It was noted that Mr. Rose now owns all the property at the end of the cul-de-sac and there doesn't appear to be any difficulty in dividing the property to obtain two lots to front on the cul-de-sac. It was moved by Member Adams, seconded by Member ;Stevenson and unanimously carried that the Planning Commission recommend to the City Council that the 1 foot lot at the east end of the 300 block Palomar Drive be dedicated for street purposes so that the property adjacent thereto can be developed. The Commission directed that Mr. Rose be informed that after the 1 foot lot is dedicated, it will be necessary that he apply for a variance to build on the two lots, each hafting less than the minimum 50 foot frontage on a dedicated street. Request for Extension of Time on Variance - Florence Rehf field - Southeast Corner Fifth and Flower Streets: A letter was read from Tlrs. Rehfield requesting an extension of time on a variance granted for reduction in setback along Fifth from 30 to 20 feet and on Flower from 30 to 15 feet® It waa moved by Member Guyer and seconded by Member Harmstead that the request be granted and that the variance will now expire on August 18, 1950. The motion carried by the following vote, to wit: AYES: Members Adams, Guyer, Stevenson, Weakland, Sparling and Harmstead NOES: none ABSENT r Member Stewart ADJOURNMENT The meeting adjourned to August 24, 1959. Respectfully submitted, Audrey St ehouse Secretary