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HomeMy WebLinkAbout1959-04-06 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA April 6, 1959 An adjourned 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 Chambers at Civic Center, with the following members present: . Stevenson# Sparling, Calkins, Stewart, Harmstead and Adams. Absent: Member Culnan. Also Present: Director of Planning Fretz, Principal Engineer Harshman and City Attorney Kugler.. APPROVAL OF MINUTES: It was moved by Member Calkins, seconded by Member Sparling and unanimously carried that the minutes of the meeting of March 16, 1959' be approved, copies having been mailed to each member. COMMUNICATIONS A copy of a letter to the City Council from Member Culnan, tendering his resignation from the Planning Commission, was read. It was moved by Member Sparling, seconded by Member Calkins and unanimously. carried that the. Planning Commission recommend to the .City Council that a letter be directed to Mr. Culnan, thanking him for his diligent service. REZONING PUBLIC HEARING - N. W. Corner3rd and "Lt' - William Wooters The application was read requesting..that Mr. Wooter's property on the corner of Third and 'IL11 be rezoned from R-1 to C-1. Director of Planning Fretz presented a map of the entire area between 't Kt and "L" 'and Third and Fourth, showing zoning, land use and property cuts. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Nilliam Wooters, Jr., stated that in the past there have been indications from the property owners north of his father's property that they desire commercial zoning for their properties. Mr. and Mrs. Wells, owners of the property adjacent to Mr. TrTooters' frontage on t'L" Street, protested the change of zone for the reason that it is a good residential area and they feel the rezoning would create a noise problem. Similar protests were heard from Mr. Areingdale, owner of property west of- Mr. Well's. There being no further comments, Chairman Stewart closed the hearing. It was moved, by Member Adams, seconded by Member Stevenson that the application be - denied for the reason that it would be spot zoning which is not good zoning practice. The motion carried by the following vote, to wit: AYES: Members Adams, Stevenson, Sparling, Calkins, Stewart and .Harmstead NOES: none ABSENT: Member Culnan The Commission directed that a study be made of the block and that the Planning Director place the item on the'agenda again, when recommendations as to zoning are completed. PUBLIC HEARING - South Side of "Gt', East of Broadway - Frank Winicki The application was read requesting commercial zoning for the property on the south side of "G", east of Broadway, all but one lot of which is developed with commercial units. Mr. Fretz presented an area map, showing adjoining land use and property cuts .and a map showing location of commercial units on property in question. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Solomon, attorney for Mr. Winicki, spoke stating that the applicants have the commercial units on the R-2 property by virtue of a zone variance and desire to construct multiple units on the rear of the lots. He stated that the eastern-most lot included on the application is developed with a single family dwelling. Mr. N. E. Parkinson, 564 t'G" Street, asked for clarification as to the meaning of C-1. He also questioned the advisability of zoning the residential lot directly west of his property to commercial without extending ,it further east to Smith Street. Mr. Fretz said he felt that the Parkinsons had a good point, that the most easterly lot is presently used for residential. He suggested that this lot either be left R-2 or zoned R-3. Mr. Solomon agreed. There being no further comment, the hearing was closed. RESOLUTION NO. 115 - Recommending to the City Council that Lots 4.4 5, 6 and 7 of Block A of La Playa Vista Subdivision be rezoned from R-2 to C-1 and Lot 8 of Block A of* La Playa Vista Subdivision be rezoned from R-2 to R-3. Offered by Member Sparling, passed, adopted and approved by the following vote, to twit: AYES: Members Sparling, Calkins, Stewart, Harmstead, Adams and Stevenson. NOES: none ABSENT: Member Culnan PUBLIC HEARING - North Side of "GI', East of Broadway - Troy Homer The application was read requesting C-1 zoning of this R-3 property on the north side of "G", just east of Broadway. Mr. Fretz indicated the property on a vicinity map of the area and pointed out that it extends 'on_e lot further east than the zoning pre- viously approved.for the south side of the street. This being the time and place as advertised, Chairman Stewart' opened the hearing. Mr. Homer, the applicant, explained where the drain-age ditch going through this area comes to "Gt' Street and stated that with commercial zoning it would justify the cost of improving the drainage ditch to city standards. There being no further comment, Chairman Stewart closed the hearing. RESOLUTION NO. 116 - Recommending to the City Council that Lots 17, 18, 19, 20, 21 and 22 of Chula .Vista Realty Subdivision No. 2 be rezoned from R-3 to C-1. Offered by Member Sparling, passed, adopted and approved by the following vote, to-wit: 2 - AYES: Members Sparling, Calkins, Stewart, Harmstead, Adams and Stevenson NOES: none AB£ENT: Member' Culnan DISCUSSION - Rezoning of Block Between Broadway and Smith, "G" and "H". Director of Planning Fretz reviewed an area map of the entire block, showing the land use and property cuts. He stated that existing land use and lack of more than a few requests for zoning other than R-2 in the interior of the block indicates that the interior -should remain R-2. However, he pointed out that the land use along "H" and "G" in this block, as a result of variances already approved for use, have changed the" , character of this area. He stated that the .two previous actions leave only "IT, Street to consider in order to reconcile the land use pattern and recommended that the Planning Commission initiate a public hearing to consider C-1 zoning. It was moved by Member Calkins, seconded by Member Harmstead and unanimously carried that a public hearing be set on May ,4, 1959, for consideration of rezoning the north side of "H", between Broadway and Smith, to C-19 from R-2. DISCUSSION - Rezoning of Block Between Broadway and the Freeway., "F" and Flower. Director of Planning Fretz reviewed past action on rezoning of land in this area stating that the Commission had originally considered zoning this area C-2 but that it had been delayed with the hope that a site-plan ordinance could be adopted for development of the large vacant properties. He suggested that, in view of the fact that the large parcels have since been rezoned C-2, and that a site-plan ordinance would not be effective for the smaller property cuts in this block, that the Commission again consider C-2 zoning. It was moved by Member Adams, seconded by Member Calkins and unanimously carried that a public hearing be set on May 4, 1959, for consideration of rezoning the remaining R-3 property between Broadway and the Freeway and "F" and Flower, to C-2. DISCUSSION - Zoning of Russell Haas Industrial Park Annexation Dirdctor of Planning Fretz explained that it would be some time before the outlined proposed zoning of the Russell Haas Industrial Park Annexation. He said that the land use is agricultural for that area between Quintard (Suburban Heights) and the south line of Rancho dela Nacion, including the Gas and Electric 250 foot easement, and is adaptable to R-1 zoning. From the Rancho line south to Plain Street, he suggested M-1 zoning- this land is vacant except for an industrial public utility use. He stated that it is felt the easement would be a sufficient buffer between the two zones. It was moved by Member Sparling, seconded by Member Calkins and unanimously carried that a hearing be set for May 4, 1959, to consider zoning as outlined by the Planner. Development of Property - East End'of 300 Block - Palomar Drive Director of Planning Fretz reviewed the request, showing property cuts in the area and possible development of the land-locked property north of "L" and east of Palomar. He explained that Mr. Walters and Mr .Rose own two adjacent lots at the east end of Palomar which extend north from "L", a depth of 290 feet, and that they request permission to divide their properties in such a manner as to provide frontage for two lots on the cul-de-sac -of Palomar Drive. - 3 - It was explained that if the city dedicates the one foot lot at the east end of Palomar for street purposes' giving the property in question frontage, that a variance would needto be applied for because both lots would not have a minimum 50 foot frontage. . The Commission recommended that Mr. Walters- and.Mr. .Rose contact the Planning Department for information regard.ing 'the variance. VARIANCES T. P. Huntington — 311 Del Mar — 0-1 Use in R-3 Zone Chairman Stewart opened the hearing, which had been continued from the March 2nd meeting. Director of Planning Fretz reviewed the request for a professional office building in an R-3 zone and presented a revised map of the proposed development. , It was explained that the original plan for development provided off—street parking in front of the building in such a manner as to require that cars back across the sidewalk into ,the street and that this plan had been referred to the Safety Council for recommend— ation. ecommendation. A letter was read from the Safety Council recommending to the effect that the number of parking spaces on the original plan be reduced to prevent the necessity of backing into the street. A letter was read from Mr. J. Menzel, 320 Twin Oaks, withdrawing a previous protest. Mr. Fretz explained that on the revised plan, parking would be provided in the rear of the building with a driveway along the south property line, and that the applicant is now requesting a zero setback along north property line and a reduction in front yard setback from 20 to 10 feet, base of building and 20 to 5 feet for the canopy. There being no further comment, the hearing was closed. It was moved by Member Calkins and seconded by Member Sparling that the request for a variance allowing construction of a professional office building on the R-3 lot at 311 Del Mar be granted, with a reduction in setback along the north property line to zero and a reduction in front yard setback from 20 to 10 feet, base of building, and 20 to 5 feet for the proposed canopy. That the applicant provide eight parking spaces at the rear of the building and maintain a 10 foot 3 inch access drive along the south property line. That the action be based on 'the following findings: 1. The property abuts similar commercial uses on the north and has been previously approved for this type of development. 2. That the granting of the variance is necessary for the preservation of a substantial_ property right in that the neighborhood is no longer suitable for residential use. 3. That the granting of the variance will not be detrimental to the neighborhood. The motion carried by the following vote, to-wit: AYES: Members Calkins' Stewart, Harmstead, Adams, Stevenson and Sparling NOES: none ABSENT: Member Culnan - 4 Warren F. Thomas - South Side "H", Oaklawn to Woodlawn,- C-1 Use in R-3 Zone The Secretary read Mr. Thomas' variance application requesting permission to develop his R-3 property on the south side of "H", between Oaklawn and Wood-lawn., as a comm- ercial parking lot. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Thomas presented proposed development plans to the Commission and stated that he doesn't feel it is practical to develop his property R-3 at this time because of the numerous apartments in the immediate area and that a parking lot is needed be- cause of the serious parking problem. A letter was read from Mr. Daniel Marks protesting the variance for the reason that he was denied that use on his property west of Mr. Thomas' which abuts an M-1 zone. There being no further comment, the hearing was closed. It was moved by Member Sparling, seconded by Member Calkins and carried that the matter be held over and referred to the Safety Council and Engineering Department for comment and recommendations as to traffic safety and proper ingress--egress to the lot. Upon adviee from the City Attorney, Chairman Stewart rescinded the closing of the hearing and continued it to May 18th to allow consideration of recommendations from the Safety Council and the Engineering Departments Ralph Giddings - Rear of _241 Garrett - C-1 Use in R-3 Zone Dr. Giddings' application was read requesting permission to develop as an off-street parking area the rear 52 feet of the lot fronting at 211 Garrett, across the alley from his clinic at 236 Landis. Director of Planning Fretz submitted a map of the area showing the proximity of the clinic to the proposed parking area. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Hazard, property owner on Garrett Avenue, protested the granting of the variance on the grounds that it would extend into the residential area on Garrett Avenue. He also stated that he didn't feel the lot should be used for patient parking as planned, but just staff parking, because of traffic in and out of the alley. Mr. Alley,- speaking for Dr. Giddings, stated that they would attempt to use the area for staff parking only. There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Harmstead that the application be denied for the reason that there are no exceptional circumstances that justify the granting of the variance. The motion carried by the following vote, to writ: AYES: Members Adams, Stevenson, Sparling, Calkins, Stewart and Harmstead NOES: none ABSENT: Member Culnan Setback Variance - Landis Avenue Between "F" and "E" The application was read requesting reduction in setback from 10 to 5 feet along Landis Avenue. - 5 - This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Alley, speaking for Dr. Giddings on Landis and Davidson, stated that they had included properties other than Dr. Giddingst. on Landis because they were of the opinion that the city preferred to change setback along the entire street rather than one property. Chairman Stewart stated that he feels the Commission could act on just the one property and change the setback on the remaining frontage by ordinance amendment. Mr. Petrovitch and Mr. Morrell on Landis Avenue, commented that they think the entire street should be acted upon at this time because it had been advertised in the hearing. City Attorney Kugler stated that the Planning Commission should attempt to follow the provisions of the ordinance,that it is his opinion that the proper action would be an amendment to the ordinance for the entire street. There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Calkins that a reduction in setback along Landis Avenue from 10 to 5 feet be granted for Dr. Giddings' property at 230, 236 and 210 Landis Avenue and the corner lot now used as a public parking lot. That the granting of the variance be based on the following findings: 1. That most commercial property has a zero setback while this commercial property is subject to a 10 foot setback. 2a That for this reason the granting of a variance is necessary for the preservation of a substantial property right. 3. The granting of the variance will not be detrimental to adjacent areas for the reason that these areas are zoned commercially. 1 I'] RESOLUTION NO. - Intention of the Planning Commission of the City of Chula Vista to Call a Public Hearing to Consider Establishing a 5 foot Building Line Along Landis Avenue Between _"E" and "F" Streets. . Offered by Member Sparling, passed, adopted and approved by the following vote, to wit: AYES: Members Sparling, Calkins, Stewart, Harmstead, Adams and Stevenson NOES: none ABSENT: Member Culnan Setback Variance - Northwest Corner of Vista "lay ,and ttG'r - C.• P. K_iffe The application was read requesting a reduction in rear yard setback from 20 to 111. feet for construction of a residence. Director of Planning Fretz presented a plot plan .showing proposed dwelling and the two setbacks required along '►Gtt and Vista "gay. This being the time and place as advertised, Chairman Stewart opened the hearing. A letter was read from Mr. Paul E.. Albrecht, 420 Corte Maria, protesting the granting of the variance. There being no further comment,' the hearing was closed. It was moved by Member Harmstead and seconded by Member Adams that the application be approved and Mr. Kiffe be granted a rear yard setback reduction from 20 to 14 feet. That the action be based on the following findings.- 6 indings:6 .. .1. " That -the corner property is subject to large setbacks, on both Vista Way and T1Gt', imposing a hardship. A similar variance was granted on the lot on the northeast corner of Vista Way and t'Gtt. 2. That the granting of the variance is necessary for the preservation of substantial property right in'that the applicant will be denied full benefit of his property because of the exceptional circumstances. 3. That the granting- of the variance will not be materially detrimental to public welfare or injurious to adjacent properties. The motion carried by the following vote, to wit: AYES: Members Harmstead, Adams, Stevenson, Sparling, Calkins and Stewart NOES-: none ABSENT: Member Culnan MILGEN KIPP-.ANNEXATION Director of Planning Fretz presented a map of the proposed annexation and indicated its location in relation to existing city boundaries. It was moved by Member Sparling, seconded by Member Harmstead and unanimously carried that the annexation be approved and recommended to.the City Council for. acceptance. SUBDIVISIONS' Sweetwater Valley Subdivision Director of Planning Fretz stated that he had been informed that run-off information of the Sweetwater Valley, requested from the State Department of Water Resources, is out of print but that the Army Corps of Engineers had requested funds recently for study. A letter was read from the San Diego County Planning Department relative to information regarding possible flood conditions. The letter stated that the land is subject to inundation and recommended that either adequate flood control measures be required or that- the city require the final map to be stamped "subject to inundation". A letter was read from the Department of Engineering stating that all of the information they have requested has not been received to date. Mr. Bud Ralston) representing Trousdale Construction Company of Los Angeles., .-Subdivider., . stated that he feels the Planning Commission should approve the tentative map subject to the subdivider's compliance with all Engineering Department requirements as to flood control measures. He stated that a soil report had been received which was termed by FHA as ttexcellent't and by the city staff as "good". He stated that water was found on the soil test at 8 feet. Mr. Ralston stated that the land to be subdivided is 5 feet above the river bed, and that the land has not been flooded since 1927. As far as the beltline freeway is concerned, he stated, the location is not known and.in any event, .he is sure it will be located north of the proposed subdivision. Chairman Stewart stated that the Planning Commission cannot approve the tentative map without the information regarding flood control that has been requested by city de- partments. Mr: Ralston stated that there is no flood problem since the Loveland and Sweetwater Dams were built after the last flood. Engineer Harsh-man stated that the city is not convinced there is no flood problem and that when the subdivider. submits a proposal for flood control, the -Engineering Department will have something to work on. 7 _ Member Sparling -stated that there appears to be two ways to approve the map, one with the final map marked t'subject to inundation" and the second with adequate flood control measures submitted by the subdivider and approved by the Engineering Department. He stated that, as an individual, he will not sit on the Commission and permit the houses to be built in the.valley without something being done regarding flood control, because he knows the land is subject to inundation. lir. Ralston stated they will do anything the city will require, It was moved by Member Sparling, seconded by Member Calkins and unanimously carried that the tentative map of Sweetwater Valley Subdivision be held over until the Planning Director and the Engineering Department determine that all information necessary is on hand. Seaview Estates #3 - Final Map Director of Planning Fretz presented final maps of. Seaview Estates #3 Subdivision and stated that all requirements of the tentative map have been complied with® It was moved by Member Calkins, seconded by Member Steverson and unanimously carried that the final map of Seaview Estates #3 Subdivision be approved and recommended to the City Council. Mylo Ocean View Estates Subdivision -. Tentative Map Director of -Planning Fretz stated that the subdivider had requested that Mylo Ocean View Estates tentative map be placed on the agenda- but that it had not been submitted in time for a check to be completed. It was moved by Member Sparling, seconded by Member Harmstead and unanimously carried that the tentative map be placed on the agenda for the April 20th meeting. MISCELLANEOUS Director of Planning Fretz stated that he has been working with City Attorney Kugler on- an amendment to the Zoning Ordinance which would suggest 'a means of accomplishing some of the major changes des3.red by the Commission. He stated that he would mail copies of this amendment to the Commission for their study in the hope that this matter may be set for public hearing at the April 20th meeting. Member Sparling stated he had read where the county had drawn up an ordinance tying flood control into the zoning ordinance and asked whether or not such an ordinance could be drafted for Chula Vista., Director of Planning Fretz stated that he would study the matter. It was moved by Member Sparling and seconded by Member Harmstead that the Director of Planning secure a copy of the county ordinance in reference to flood zone for the Planning Commission meeting of April 20the The motion carried unanimously. ADJOURNMENT: The meeting adjourned to April 20p 1959. Respectfully submitted, , Audrey Sty` ehouse Secretary