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Railway - Banister, et al Planning Director Fretz reviewed the matter, stating that the City Council had set a public hearing for February 10th on the appeal filed to the Planning Commissionts denial of C-2 zoning for property on the north and south side of °'Et' Street adjacent to the S.D. & A.E. Railway, and requested the Planning Commission to reconsider the matter in view of any new information. A letter was read from Mr. Lee Raitt, agent, stating that Mr. Banister recognizes the need for desirable improvements in a successful commercial venture and will cooperate with the Planning Commission in developing the property. It was moved by Member Culnan, seconded by Member Harmstead and unanimously carried that, in view of the willingness of the applicant to submit plans to the Commission for approval and to cooperate with the Commission in developing the property., that a letter be written to the City Council recommending that the appeal by Mr. Raitt be granted and the area rezoned to C-2. VARIANCES Setback Variance - Lester Loeser - Moss., Bay Boulevard, Montgomery Freeway Mr. Loeser's application was read requesting a reduction in setback along Moss., Bay Boulevard and Montgomery Freeway from 25 to zero feet. Mr. Alan Rudick., representing .Mr. Loeser, stated that they must, by ordinance., construct a fence around the auto wrecker yard and that M-2 property is too expensive to make unusable by requiring a 25 foot setback. Mr. Loeser stated that the business will not be a commercial wrecking yard but a storage yard, only, at this time. This being the time and place as advertised, Chairman Stewart opened the public hearing. Mrs. E. J. Rohr., 805 Palomar Street, protested the use of the.property as a wrecking yard and a communication was read from Mr. Max Pedersen., Montgomery Freeway and Palomar., protesting the use. Chairman Stewart explained that the question of the use was not before the Commission because it is a use allowed in that zone, but that the application was submitted for a reduction in setback on the property. There being no further comment., Chairman Stewart closed the hearing. Director of Planning Fretz explained the procedure necessary to establish a setback and that., under the existing ordinance requirements., a 25 foot setback was automatically established on this land at the time of zoning after annexation. He stated that generally existing M-2 area in Chula Vista has a zero setback. It was moved by Member Harmstead., seconded by Member Culnan and unanimously carried that the application for a zero setback along Moss, Montgomery Freeway and Bay Boulevard adjacent to the applicantts property be granted with the provision that a minimum of 30 off-street parking spaces be provided in the event the proposed auto wrecking changes from a storage yard basis. The -approval is based on the following finding of facts: 1. There are exceptional circumstances about the property not applicable to other M-2 property., i.e. a. In existing established M-2 zones in Chula Vista, there is a zero setbacks 2. The granting of the variance is necessary for the preservation of a substantial property right of the applicant. - 2 - 3. The granting of.the variance will not be materially detrimental to the public welfare or injurious to the property improvements in the zone in which said property is located as the city is contemplating establishing a zero setback on other M-2 property in the immediate vicinity. Setback Variance - Roger Lindamood - 444-48 Del Mar Court Mr. Lindamood's application was read requesting a reduction in rear yard setback from 15 to 5 feet. He has two adjoining R-3 lots and plans to build multiple residential units on the rear of each. Chairman Stewart opened the hearing and there being no comments, either for or against, the hearing was closed. Mr, Lindamood explained that he requested the variance because he is of the opinion that building the units on a 5 foot rear yard setback, leaving more open space between existing and proposed buildings, would be a better utilization of the property. It was moved by Member Adams, seconded by Member Harmstead and unanimously carried that the application for setback variance be denied for the reason that there is no evidence indicating any unusual condition about the property that requires a variance to assure the property owner a reasonable property right. Setback Variance - Luis and Constance Clement - 181 East "Ll' Street. The application submitted by Mr. and Mrs. Luis Clement was read requesting a reduction in setback along Helix Avenue for the purpose of constructing a 6 foot fence to allow more usable rear yard areae This being the time and place as advertised, Chairman Stewart opened the hearing. A letter was read from Mr. and Mrs. Sorrells, whose property adjoins the Clement's, protesting a 10 foot reduction because they would be unable to see oncoming automobile and pedestrian traffic while backing their car out of the garage if a fence were built at this location® The letter stated that they have no objection to a 5 foot reduction. Mr. Clement stated that he would like to have a reduction of 7 feet rather than 10 feet and that the shape of their lot makes it impractical to fence the rear yard on the setback line. There being no further comment, the hearing was closed. Director of Planning F'retz suggested that it might be possible to taper the setback line in such a manner as to give the applicants more usable rear yard and not affect the use of garage and driveway of the property to the rear. He explained that the lot does have a considerable amount of area in-setbacka 20 feet on "L" Street and 15 feet on Helix Avenue. It was moved by Member Cu7nan, seconded by Member Adams and carried that the application for reduction of setback along Helix Avenue be denied for the reason that there is no evidence indicating any unusual circumstances about the property making a variance necessary for the preservation of a substantial property right. Members Calkins and Harmstead voted "nor' - 3 - Request for Extension of Time - Setback Variance - S.D. Machinist's Building Association- South Side of Parkway at Broadway A letter was read from the San Diego Machinist®s Building Association requesting an extension of time on a variance granted previously for construction of a union hall in an R-3 zone. It was moved by Member Calkins, seconded by Member Harmstead and unanimously carried that the request be granted and that the variance will expire on February 31 1960. Request for Extension of Time - Setback Variance - M. 0. Ferguson - 398 Hilltop Drive A letter was read from Mr. M. 0. Ferguson requesting an extension of time on a variance granted previously for reduction of setback on Hilltop from 30 to 15 feet for the purpose of constructing a home* It was moved by Member Harmstead, seconded by Member Calkins and unanimously carried that the request be granted and that the variance will. expire on September 2, 1959* SETBACKS Public Hearing - Establishing Setbacks for Streets Within Industrial Lands Annexation Director of Planning Fretz presented maps showing the streets within the Industrial Lands Annexation and the proposed setbacks to be established. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Art Bishop from the San Diego Gas & Electric Company stated that his company is interested in the setbacks because of the possible affect on the steel towers they will erect on the easement. There being no further comment' Chairman Stewart closed the hearing. It was moved by Member Adams, seconded by Member Stevenson and carried that the Planning Commission recommend to the City Council that the Building Line Map in the Zoning Ordinance be amended by establishing setbacks on streets within the Industrial Lands Annexation as shown on map submitted by the Planning Director; that the re- commendation is based on good zoning practice in that the proposed setbacks are appropriate for the zoning of that particular land. SUBDIVISIONS Seaview Estates #3 - Tentative Map Director of Planning Fretz presented the tentative map of Seaview Estates #3 and reviewed design of public improvements. The recommendations from the Department of Engineering were read* It was moved by Member Sparling, seconded by Member Adams and unanimously carried that the tentative map of Seaview Estates #3, be approved and recommended to the City Council subject to the following conditions: 1. Provide an acceptable street section for East Oxford Street and for the cul-de-sac at east end of.Emerson Street to be approved by the City Engineer. A4 ., 2. Show sewer and utility easements to be approved by the City Engineer. 3. Show 1 foot lot at east end of Oxford Streets north side, and 1 foot lot at the north end of Melrose Avenue. 4. Offset manhole in center of cul-de-sac to souths to allow better use of street for utility companies. 5• Accepting and naming Emerson for street purposes$ 1 foot lot B, Deed in Fee of Cairns Manor, according to Map No. 375 . and accepting and naming 1 foot lots A and B marked "Reserved for future street" in Judson Estates, Unit #1$ according to Map #3946. 6. Setback on cul-de-sac on Emerson be established at 15 feet instead of 5 feet as shown. 7. All cut and fill slopes to comply with F.H.A. requirements both as to degree of slope and planting of slope. STREETS AND HIGHWAYS Request for Vacation of Third Avenue A petition was read signed by the owners of all the property abutting the dedicated Third Avenue between Sea Vale and "C" Streets, requesting that the right-of-way be vacated© Comments favoring the vacation were heard from Mr. Dawson and Mr. Rudolph$ owners of property abutting the right-of-way. It was moved by Member_ Calkins$ seconded by Member Harmstead and unanimously carried that the Planning Commission recommend to the City Council. that Third Avenue between "C" Street and Third Avenue be vacated, because it would not be feasible to improve and because the land adjoining this right-of-way can best be served from a street off of "C" Street. Street Name Change for Palomar Drive Director of Planning Fretz explained the 'problems brought up by the Fire Chief with regard to there being two east-west streets in Chula Vista having the name of Palomar, one a Drive and onea Street. Protests to a name change of Palomar Drive were heard from Cecil Cotton., 40 Palomar Drive; Mrs, Cotton; Wally Streets- 56 East Palomar Drive; Dr. Brewer Caseys 29 Palomar Drive; Dr. Stanley Monroe, 2 Palomar Drive and Mrs. Carol Chedwick, 47 Palomar Drive. It was determined that Palomar Street within Chula Vista is located within Suburban Heights and Judson Estates #2 (not yet filed as a final map), It was moved by Member Calkins$ seconded by Member Harmstead and unanimously carried that the Commission recommend to the City Council that Palomar Street within the Suburban Heights Subdivision be changed. Further, that the Planning Director contact the subdivider in Judson Estates #2 before a final subdivision map is filed, with the request that the name of Palomar Street be changed. ANNEXATIONS - .5 � Schuelke Annexation - East of Morgan-Stanley Annexation Bayview Orthodox Presbyterian Church Annexation - East of Morgan-Stanley Annexation It was moved by Member Stevenson., seconded by Member Culnan and unanimously carried that the Planning Commission recommend approval of these annexations to the City Coundil and furthers if it is possible' the area be annexed in one parcel rather than two. MISCELLANEOUS Grading and Planting,of Slopes in Subdivisions The Planning Commission concurred in the opinion that until such time as our subdivision ordinance is revised$ the question of grading and planting of slopes shall be controlled as a condition upon a tentative map., referring to F.H.A. standards of control. Use Classification - A-Brite Neon Sign Company Director of Planning Fretz reviewed the matter., that an M-1 use was being operated at 616 Oaklawn Avenue at the time the Zoning Ordinance was adopted and that under existing ordinance provisions., the use can continue or change to another M-1 use. It was explained that the A Brite Neon Sign Company has been operating at this location as a non-conforming use., but as their business is not listed in the ordinance as a permitted use' the Commission has been requested to make a classification. A letter was read from the Fire Marshal stating that if the Commission feels the paint spraying necessary for this business should be done indoors, he will make arrangements with the manager of the business. RESOLUTION N0. 112 - Classifying Neon-Sign Manufacturing as an M-1 use. Offered by Member Culnan' passed., adopted and approved by the following vote' to merit: AYE& Members Culnan, Stevenson., Sparling' Stewart., Harmstead and Adams NOES: MembereCalkins ABSENT&. none The Commission recommended to the manager of A Brite Neon Sign Company that he spray paint inside and conform with the Fire Marshal's requirements. Public rovement Ordinance City Attorney Kugler read an amendment he had prepared$ at the Commission's suggestion$ to the ordinance requiring installation of public improvements during construction costing $5.,000.00 or more. The amendment would provide for exemptions from requirements of the ordinance for specif is periods of time and the posting of a bond to guarantee installation of improvements. It was moved by Member Culnan., seconded by Member Calkins and unanimously carried that the Planning Commission recommend to the City Council that this amendment be adopted. Planning Commission Action City Attorney Kugler stated that., in his opinion' Commission action on a variance., rezoning recommendations., etc.9 should be by roll call vote. The Commission indicated they would do so in the futuree _ 6 .. Election of Vice-Chairman Member Calkins called the attention of the Commission to the fact that with Mr. Bendicksonfs resignation the Commission has no Vice-Chairman. Chairman Stewart asked for nomination for Vice-Chairman. Member Adams nominated Member Culnan and Member Calkins nominated Member Sparling. Nominations were closed and Member Sparling was elected Vice-Chairman by written ballot. ADJOURNMENT: The meeting adjourned to Monday$ February 16, 1959. Respectfully submitted' AudreyS onehouse Secret