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HomeMy WebLinkAbout1959-09-14 PC MINS A REGULAR MEETING OF THE PLANNING COrMIISSION OF THE CITY OF CHULA VISTA, CALIFORNIA September 14, 1959 A regular meeting of the Planning Commission of the City of Chula Vista was held on the above date at 7:30 P.M. in the Council Chamber at Civic Center, with the following members present: Sparling, Weakland, Stewart, Harmstead, Adams and Guyer. Absent: Member Stevenson. Also present: Director of Planning Fretz, City Attorney Kugler and Principal Engineer Harshman, APPROVAL OF MINUTES: Member Adams stated that he feels that the minutes of the meeting of August 24th should be corrected as follows: On page 2, paragraph 53 sentence 2, "He stated that the Commission represents all the citizens of Chula Vista and that they must see that good planning is done." It was moved by Member Harmstead, seconded by Member Weakland and unanimously carried that the minutes be approved, with the correction as suggested by Member Adams, copies having been mailed to each member. ZONING PUBLIC HEARING - Rezoning ofa Portion of Rosebank Subdivision - R-2 to R-3 The application was read requesting rezoning from R-2 to R-3 of a portion of the lots of Rosebank Subdivision fronting on the alley between Minot and Second Avenue and fronting on RE" Street south of the alley. Planning Director Fretz presented a map showing the location of the alley and the requested rezoning and stated that the proposed zoning would extend 150 feet into the lots from the alley right-of-way. He stated that the City Council had previously vacated a portion of this alley, elim- inating its access to "E" Street and that the Commission will be requested to consider a petition for its re-opening. . He further stated that access to the areas requested for rezoning could not, in most cases, be obtained from Minot and Second Avenues due to the topography and existing development even though the lots do front-on -these streets. This being the time and place as advertised, Chairman Stewart opened the hearing. Mrs. E. C. Kermott, 118 Minot, speaking for herself, Mr. John Koromy and Mr. Albert Fuentez at 110 Minot, opposed the rezoning, stating that the area does not have proper access for development and that they feel R-3 development would lower their property value for a home. Mrs. Elizabeth Mott, 170 Minot., spoke opposing the rezoning. Mr. Ralph Paxton stated that he had initiated the request for rezoning after the Planning Commission had denied a variance for multiple residential use of his lot, indicating that a zone change for the entire area would be proper procedure. Chairman Stewart asked if the property owners had considered the question of dedicating land for street purposes to serve the rear of their lots. Planning Director Fretz stated that an 18 foot dedication on each side of the existing 24 foot alley dedication, would provide a full street and leave adequate lot area for development. Mrs. Marie Aland, 175 Second Avenue, stated that she will do all necessary for dedication of a street and cul-de-sac, if .needed. Mr. A. B. Ellington, owner of property at the south end of the alley, stated that he will dedicate and improve the needed footage for a cul-de-sac. He stated that both the Fire Marshal and Police Chief favored the development of the property. Mr. Joseph Aguillard, 138 Minot, spoke favoring the rezoning.' The Commission discussed the desirability of rezoning the area without development of a street to serve it and stated that the city Engineering Department would cooperate in furnishing information necessary for preparation of plans for development of a street, It was moved by Member Weakland, seconded by Member Sparling and unanimously carried that the application be denied without prejudice. Chairman Stewart stated that the matter of rezoning of the area will be placed on the agenda for action as soon as possible after necessary plans for dedication and improvement of a street to serve the area are approved by City Council. PUBLIC HEARING - Rezoning of a Portion of the South Side of "H" Street, West of Broadway - R-3 to C-2 Planning Director'Fretz displayed a map of the area proposed for rezoning and reviewed the matter, stating that the Commission had initiated a zone change for this property, the southwest corner of ItH" and Broadway, now occupied by a market under a variance. This being the time and place as advertised, Chairman Stewart opened the hearing. Mrs. Stone, daughter of Mrs. Rubin, owner of the property, spoke favoring the rezoning. There being no further comment, the hearing was closede RESOLUTION NO. 133 - Recommending to City Council the Rezoning From R-3 to C-2 of Property on the Southwest Corner of Broadway and "H" -Street Offered by Member Sparling, passed, adopted and approved by the following vote, to-wit: AYES: Members Sparling, Weakland, Stewart, Harmstead, Adams and Guyer NOES: none ABSENT: Member Stevenson Discussion Zoning of Halecrest Subdivision Planning Director Fretz presented a map showing proposed zoning of Halecrest Sub- division within the Telegraph 'Canyon Road Annexation. He explained that the tentative map of Halecrest Subdivision had contained a portion to be developed commercially and a portion to be developed with multiple residential units, He stated that in preparing details of development for these areas, the subdivider had concluded that a better designed commercial area could be achieved through enlarging the original area proposed for commercial zoning. Ralph Lovett, speaking for the subdivider, stated that, due to topography, a better street design can be had if the area is enlarged from an approximate 5 acres to approximately 12 acres and that access to Telegraph Canyon Road would be limited as previously agreed to. He stated that he felt with all the residential development, the area could support a larger commercial. center© It was moved by Member Guyer, seconded by Member Weakland and unanimously carried thbt permanent zoning to R-13 R-3 and C-1 for the Halecrest Subdivision be set for public hearing on September 28, 1959. Appeal to City Council -» Olen Williams, 200 block Whitney - Denial of Zone Change The findings of Planning Commission action in denying the zone change to R-3 of property east of Third Avenue on Whitney Street were read. - 2 It was moved by Member Sparling, seconded by Member Guyer and unanimously carried that the findings be approved as read and forwarded to City Council along with the appeal. CONDITIONAL USE PERMITS PUBLIC HEARING - Hal Johnson A West Side of_ Woodlawn9 North of "D" A Trailer Park The application for a conditional use permit was regd requesting permission to locate a trailer park in an R-3 zone, adjacent to one already approved. Planning Director Fretz presented a plot plan of the property in question9 showing location of existing or approved trailer park locations and surrounding streets. This being the time and place as advertised' Chairman Stewart opened the hearing. Protests were heard from Mr, Howard Watkins, 685 Chula Vista Street, Mr, Wilkie Dunn, . 693 Chula Vista Street and a representative for Mr. Leonard Moe, 79 Woodlawn, concerning additional traffic and automobile parking. Mr. Elmer Sorrenson' speaking for Ms. Johnson, stated that the area can be developed with more dwelling units as apartments than with trailer spaces, in which case there will be more automobiles. He stated that Woodlawn Avenue will be widened and surfaced. Mr. Merle Palmer, representing the Johnson Company, stated that in the present trailer park and -in the proposed park, two parking spaces per trailer will be available if desired. There being no further comment' the hearing was closed. Planning Director Fretz outlined conditions the Commission might consider in the event a Conditional Use Permit is granted. It was moved by Member Adams and seconded by Member Sparling that the application for Conditional Use Permit for a trailer park on the west side of Woodlawn Avenue, north of ItD" Street, be recommended to City Council for approval subject to the following con- ditions: to Woodlawn Avenue be improved and dedicated to the same width as that south of I'D" Street, 2. All access to the trailer park to be from P'Df1 Street. 3. Suitable landscaping screen, 6 feet in widths or decorative block wall and planting to be provided along Woodlawn. (To be approved by the Director of Planning.) 4. Off-street parking as required in the ordinance be provided. 5. Subject to condition placed on development of trailer park west of this area m '?.,.That t'D" Street be improved with a 5 ft. sidewalk, set 2 feet off property line, -a 13 foot parkway and paving to the centerline of I'D" which paving shall'be 20 feet wide. That the improved 41D" extend from the western line of the development to the east line of Woodlawn.t: That the action be based on the following findings of fact: 1. No evidence was presented indicating that the granting of the conditional use permit will be detrimental to public health, safety or welfare. 2, _Characteristics of the use are compatible with the types of uses existing � 3 I in the surrounding area in that a trailer park exists south of RD", one has been approved directly west of the proposed new park. Further, that a trailer park is a residential use. The motion carried by the following vote, to-wit: AYES-: Members Adams, Guyer, Sparling, Weakland, Stewart and Harmstead NOES: none ABSENT: Member Stevenson PUBLIC HEARING - Casey Construction Company - 498 Fourth Avenue - -Professional Building The application for a conditional use permit was read requesting permission to construct a professional office building. on this R-3 property. Planning Director Fretz presented a perspective of the proposed construction and a plot plan showing location of building, off-street parking and access to Fourth and "HO, both located as far from the inter- section as possible. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Robert Cordrey, representing Casey Construction Company, stated that the sign shown on the plans will be built so as to conform with height standards of the zoning ordinance. The effect of the proposed use on traffic was discussed. Members Weakland and Sparling stated they do not feel the use will create as much traffic congestion as it would if the area were developed with multiple residential units which would undoubtedly require on-street parking and the city would have no control over points of access. Chairman Stewart stated that he doesn't feel there will be any traffic congestion with the access located away from the intersection and that the use will not be incompatible with the proposed hospital just west of the site. There being no further comment, the hearing was closed. It was moved by Member Harmstead and seconded by Member Adams that the application for conditional use permit for a-professional office building at 498 Fourth Avenue be recommended to the City Council for approval in accordance with plans submitted and with the condition that the concrete block screen wall around the property be a maximum of 42 inches in heights 5 Further that the action be based on the following.- 1. ollowing:1. No evidence was presented indicating that the granting of the conditional use permit will be detrimental to the public health, safety or welfare .Adequate off-street parking will be provided and access to this parking is designed to avoid traffic congestion® 2. The characteristics of the use are reasonably compatible with the types of uses in the area and with the proposed hospital further west and the proposed shopping center across from this property on t1H11 Street, The motion carried by the following vote, to wit: AYES: Members Harmstead' Adams, Guyer, Sparling, Weakland and Stewart NOES: none ABSENT: Member Stevenson � 4 VARIANCES PUBLIC HEARING -- Casey Construction Company - 498 Fourth Avenue - Reduction in Setback The application was read requesting a reduction in setback along UHtt Street from 25 feet to zero and reduction in rear yard setback from 15 to 5 feet, for the purpose of con- structing the professional office building previously approved. Mr, Fretz explained the advantages to the development if the setback reductions are granted - better access away from intersection of Fourth and t'Htt and better provisions for off-street parking. He stated that the setback on Fourth will not be affected if the proposed sign is kept below 42 inches in height, This being the time and place as advertised, Chairman Stewart opened the hearing. There being no comment, the hearing was closed. It was moved by Member Adams and seconded by Member Sparling that the request for re- duction in setback along t'H" Street from 25 feet to zero and reduction in rear yard setback from 15 to 5 feet be approved, based on the following: to On a corner lot, a large portion of the area is taken up in setbacks. 2® The variance is necessary for the preservation of a substantial property right in that without the reduction, the applicant cannot use a considerable portion of his property. 3. The granting of the variance will not be materially detrimental to the class of uses allowed because the use is. compatible with the general uses existing or proposed in the neighborhood. The motion carried by the following vote' to-wit: AYES: Members Adams, Guyer, Sparling, Weakland, Harmstead and Stewart NOES: none ABSENT: Member Stevenson PUBLIC HEARING . Besker-Allen. •-Northeast Corner Third and I'D" Street The application was read requesting permission to construct a building to be used for offices of a building contractor and for reduction in setback from 25 to 5 feet along both Third and I'D" for the purpose of constructing an advertising signp Planning Director Fretz presented a plot plan of the area, showing location of the building and area reserved for off-street parking. This being the time and place as advertised, Chairman Stewart opened the hearinge Mr. Herbert Allen, applicant, spoke stating that the building would have the appearance of a dwelling unit and would house only one firm - Levelon Builders, He stated that the lot is not desirable for residential purposes - across the street from the proposed Fredericka Homes hospital, a real-estate office to the north, and commercial zoning on Third Avenue to the west. Member Weakland stated that he feels the area will go commercial eventually and can see no objection to the use in this area. Member Adams stated that this is a residential area - a new house to the east, other new homes to the north and that a hospital is a residential use. He feels the property can be used for residential purposes, Mr, Allen stated that required improvements to a corner lot are too expensive for a residential building and that because of the expense of improvements to this corner lot, a large house would have to be constructed and that the area is not conducive to a better home. He stated that FHA and GI loans cannot - .5 be obtained for residential uses next to commercial uses. Chairman Stewart pointed out that there is no commercial zoning adjacent to the property. There being no further comment, the hearing was closed. It was moved by Member Harmstead and seconded by Member Adams that the variance to allow construction of a contractor's office at the northeast corner of Third Avenue and "D" Street be denied. That the action be based on the fact that there are no exceptional circumstances or conditions applicable to the property involved. This is an R-1 zone and that granting of the variance will be materially detrimental to the existing &-1 development in the area. The motion carried by the following vote' to-wit: AYES: Members Harmstead, Adams, Guyer, Sparling and Stewart NOES: Member Weakland ABSENT: Member Stevenson Member Sparling stated that he feels proper procedure would have been to apply for a zone change to R-3 and then request a conditional use permit for the office. PUBLIC HEARING - Benson-Dines a 312 through 316 "Ell Street - Reduction in Setback The application was read requesting that a reduction in rear yard setback be granted from 72 feet to zero for the purpose of constructing a business building. Planning Director Fretz presented a plot plan of the property showing proposed constructions This being the time and place as'advertised, Chairman Stewart opened the hearing. Mr. Benson, applicant, stated that they had removed the wooden store buildings, in- tending to replace with a brick structure, built to the alley as was the wooden building, when they learned that the setback requirement was 721 feet from the edge of the alley. He stated that the new building will not be served from the alley. Planning Director Fretz stated that setbacks are not normally imposed in a commercial area. There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Sparling that the request for reduction in rear yard setback from 7.5 feet to zero, based on the following: 1. The property is zoned for commercial use and setbacks are not normally required with commercial development. 2, Evidence that has been submitted indicates that the granting of the variance will not be materially detrimental to property in the area inasmuch as several other commercial buildings nearby have either a 1 foot or zero setback. The motion carried by the following vote, to-wit.- AYES: o-wit:AYES: Members Adams, Guyer' Sparling, Stewart, Harmstead and Weakland NOES: none ABSENT: Member Stevenson Request for Extension of Time - Variance Granted to Salvatore Albo .- Smith and Roosevelt Street w6 � A letter was read from Mr. Salvatore Albo$ requesting an extension of 18 monthts time on a variance granted to him to,allow construction of multiple dwelling units on his property on the northwest corner of Smith and Roosevelt. It was moved by Member Guyer$ seconded by Member Harmstead and unanimously carried that the time on the variance granted to Mr. Albo be extended for 18 monthso SUBDIVISIONS Kile Morgan Terrace No. 2 - Tentative Map Planning Director Fretz submitted the tentative map of Kile Morgan Terrace No. 2. He stated that he feels the tentative map of Robinhood Subdivision No. 5$ immediately north of this subdivision$ should be modified to provide the extension of a north-south street into this subdivision. Mr. Morgan stated that he wants to build a larger home in this subdivision if it is not connected with Robinhood No. 5$ and would prefer that his map be approved as submitted. Mr. 'Virgil Livesay stated that he owned the property pre- viously and agreed with Mr. Morgan that nicer and larger homes would be desirable on these lots. Member Adams stated that while the city does want nice homes$ the street pattern is important® Recommendations from the Engineering Department were read. It was moved by Member Sparling$ seconded by Member Guyer and unanimously carried that the tentative map of Kile Morgan Terrace No. 2 be approved subject to the following conditions: 1. Provision be made for extension of Mission Avenue from Robinhood No® 5� 2, That 1 ft* lots be shown on the west end of Melrose and the north end of requested Mission Avenue. 3. That the approved city standards in reference to cut and fill slopes be adherred to. 4. Engineering bepartment recommendations be adherred to. Sweetwater Valley Subdivision Revised Tentative Map Planning Director Fretz submitted the revised tentative map of Sweetwater Valley Subdivision$ reviewing the changes made from the tentative map. He stated that the proposed commercial zoning on Highland has been extended to a depth of 500 feet$ and that the map shows a 6 foot wall along the north boundary of the subdivision. Mr. Fretz reviewed the Commission action on the tentative map$ pointing out that on May 4s 1959, Mr. Shelton$ of the Koebig and Koebig Engineering Firm,; had informed the Commission that the report prepared by his firm for the Trousdale Company was complete but not ready for presentation to the city. Principal Engineer Harshman stated that a report was submitted to'the city on August 31$ 1959. He added that the report does not appear to 'be complete; that it contains historical background$ but does not contain conclusions or recommendations in reference to what should be done to protect the subdivision from floodingo . Member Sparling stated that he had read the report and agrees that it does not contain any conclusions or recommendations. Mr. Kelley, from Tuttle Engineering$ representing the developers, stated that the rock-filled fence proposed for flood control on the north boundary of the subdivision was designed after one used by the State Highway Department for protection between state highways and rivers. He stated this wall or fence has proved to be effective. He stated further that in extreme flood conditions., the land might be inundated$ but based on a 25 year � 7 ,� storm or 50 year storm, in his opinion the fence would be sufficient. Mr. Robert Oakes, attorney for Trousdale Construction Company, stated that the company has one position in the matter. As he understands it' the Commission asked for a copy of the report made by Koebig-Koebig for Trousdale. He stated that if the report is not complete, it is because Koebig Koebig made the report they felt the circumstances warranted, If the Commission desires something further in the way of information or reports, then the Commission must tell them what they want. with the report submitted by Koebig Koebig, Tuttle Engineering designed a wall for a protective measure against flooding. He stated that everything requested has been done by the Trousdale Company and that action should be taken, Principal Engineer Harshman stated that the protection proposed would keep the river from changing course and from eroding adjacent land but that water would go through and the subdivision could be inundated. He said that, in his opinion, the six foot block wall on the west and south boundaries is more for decorative purposes; that water could run down the proposed Cypress Street. He added that he feels it is a question as to the degree the city wishes to protect this property and that if the city wants to protect it from inundation, there should be a dyke of some form as far around the subdivision as necessary in order to keep the water out, as well as a method of draining rainfall from the subdivision. Member Adams asked if the wall has been checked to see if it will stand up to water pressure up to six feet high. Mr. Harshman, stated that the wall is designed to protect highway slopes from erosion which is something different than a subdivision® Chairman Stewart stated that he feels the property is not suitable for residential construction, unless it is dyked; the type of flood control proposed would perhaps be suitable for commercial or industrial development. Mrs. Phyllis Martin, owner of property adjacent to the proposed subdivision, asked what effect a six foot wall around the subdivision will have on her property. She said she feels the entire annexation should be zoned for commercial and industrial uses. Mr, Ralston stated that they will fill the proposed rock wall with cement and sand so that water will not go through and they will also install a storm drain out to the north into the channel and one out to the south, if the city desires. Member Sparling stated that they still have not had the question answered as to what protection will be given to persons purchasing homes in this area, He stated that Mire Shelton, of Koebig-Koebig, stated that water could back up as high as nine feet. On the first sale of a home, state laws will insure that the purchaser gets the information that the land is subject to inundation; however, on a resale, this information is not necessarily given to the purchasers It was moved by Member Sparling, and seconded by Member Adams that the Planning Commission disapprove the tentative map of Sweetwater Valley Subdivision for construction of residential units for the reason that the property is subject to inundation and that the proposed map does not adequately protect the subdivision from flooding; further, that subdividing the property will not be the highest and best use of the land. The motion carried by the following vote, to wits AYES: Members Sparling, Weakland, Stewart, Harmstead, Adams and Guyer NOES: none ABSENT: Member Stevenson -. 8 STREETS AND HIGMTAYS Request for Alley Re-opening - North from "Ert, Between Second and Minot A, letter referred to the Planning Commission for recommendation by the City Council, was read, requesting that the city reopen the recently vacated alley going north from teE" Street between Minot and Second Avenue. The City Attorney stated that the alley could not be reopened, but would have to be rededicated or condemned. Principal Engineer Harshman stated that the Engineering Department has recommended against the reopening at this location due to the fact that it would be at a dip on "E" Street which would create a hazardous condition. The Planning Director was directed to pass this information on to the City Council. Request for Extension of Mitscher Street - Truest from Corte Maria Planning Director Fretz presented. a map of the area and reviewed the matter, stating that the owners of property lying at the east end of Mitscher wish to open Mitscher Street to serve their properties. He stated that at a previous meeting of the Commission, dedication was assured for all property needed except that owned by the Church of the Latter Day Saints® Mr. D. H. Lively, owner of a portion of the property, stated that the church has agreed to the dedication but that formal approval has not come through. It was moved by Member Guyer, seconded by Member Harmstead and unanimously carried that the Planning Commission recommend to the City Council that the proposed extension of Mitscher Street be approved with dedication and improvement for a 30 foot travelway with a 40 foot radius cul-de-sac and the approval be subject to dedication by the Latter Day Saints of their portion of the right-of-way, Request for Vacation of 1'D" Street - Vest of Woodla�m A letter was read from Mr. Hal Johnson requesting vacation of 11D11 Street, west of. Woodlawn. It was noted that the City Council referred the letter to the Planning Commission for recommendation. A. letter was read from Mr. Leonard Moe, asking that the matter be postponed until his return to Chula Vista. Planning Director Fretz reported that a letter had been received from the San Diego & Arizona Eastern Railway, approving the vacation, Principal Engineer Harshman stated that it has been mentioned in the past that "D41 Street might be needed in connection with construction of the proposed Beltline Freeway. Nothing definite has been established on its location, however, due to the elevation of this land, it would lend itself to construction of an overpass over Montgomery Freeway and the railroad tracks® Elmer Sorrenson, speaking for Mr. Johnson, stated that the street will not affect the development of the trailer park, only that, if it is vacated, cars parked there would be off-street, rather than on the street, Member Sparling stated that prior approval of a trailer park had been conditioned on improvement of one-half of I'D" Street and using it as access. It was moved by Member Harmstead, seconded by Member Sparling and unanimously carried that the Planning Commission recommend to the City Council that the request for vac® ation of "D" Street, west of Woodlawn' be denied. *+ 9 w C014IUNICATIONS Approval of School Site A letter was read from the Chula Vista School District asking Planning Commission approval of their property on "J"" Street, adjacent to Fire Station No. 2, for location of administration buildings for the school districto Planning Director Fretz presented a plot plan of the property and stated that the staff recommends approval of the loc. ation. Dr. Tiffany appeared and answered several questions relative to development. It was moved by Member SparlingL seconded by Member Harmstead and unanimously carried that the Planning Commission approve the plans for an administration center for the Chula Vista School District on "J" Street. Request for Classification - Kenneth Corley A letter was read from Mr. Kenneth Corley asking whether or not the Commission feels the manufacture of concrete blocks would be considered an M-1 use. Planning Director Fretz explained that the ordinance allows the Commission to classify uses, by resolution, that are not listed as permitted uses in any zone. The Planning Commission directed that the matter be placed on the agenda of the next meeting. MISCELLANEOUS Swimming Pool Ordinance City Attorney Kugler reviewed the ordinance requiring fencing of swimming pools that had been written at -the request of the Planning Commission® It was moved by Member Adams, seconded by Member Guyer and unanimously carried that the Planning Commission recommend to the City Council the adoption of the ordinance requiring fencing of pools' as proposed by Mr. Kugler, with an addition that a section be included to require the mechanical parts of filter units be located 25 feet away from any residence or that approved sound-proofing materials be used to house this equipment. Zoning of Olivewood Acres Annexation It was moved by Member Sparling, seconded by Member Guyer and unanimously carried that the precise zoning of Olivewood Acres Annexation to C-1, C-2 and M-1, as outlined on map, be set for public hearing on September 28, 1959. ADJOURNMENT The meeting adjourned to September 28, 1959. Respectfully submitted, Audrey S nehouse Secretary