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HomeMy WebLinkAbout1959-01-19 PC MINS MINUTES' OF AN ADJOURNED' REGULAR MEETING OF THE PLANNING COMMISSION OF .THE CITY OF CHULA VISTA, CALIFORNIA _ January 19, 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, Adams.. and Culnan. Absent: . none. Also Present: -Director of Planning Fretz, Planning Consultant Whitnall., City Attorney Kugler and Principal Engineer Harshman,, Chairman Stewart introduced the new: Planning Commission member, Virgil D. Stevenson, and welcomed him to the Planning Commission, APPROVAL OF MINUTES: It was moved by Member Adams, seconded by Member Calkins and carried unanimously that the minutes of the meeting of' January 5, 1959, be approved, copies- having been mailed to each member, COMMUNICATIONS' Grading and Slopes. in Judson Estates Subdivision Director of Planning Fretz reviewed a letter from Lt. Cmdr. Insko, 88 E. Emerson, addressed to the developer of Judson Estates, a copy of which had been forwarded to the Planning Commission_. Lt. Cmdr. Insko expressed concern with the steepness of slopes and the lack.of requirements for planting to control erosion from water in this new subdivision. Mr'. Fretz stated that some measure of control could be gained by placing conditions on the tentative map to require planting of slopes, beyond a maximum grade. He explained that under FHA and Veterants Financing, developers are required to plant the slopes to control erosion, but that with conventional financing, no control is exercised. The Commission directed that Planner Fr6tz prepare for the next meeting a: program or method to give the city control over planting of slopes and the maximum slope to be accepted. REZONING Public Hearing - North Side of "H", West of Broadway R-3 to C,_2 The application was- read requesting C-2 zoning of R.-3 property located on the north side of "H" Street, approximately 600 feet west of Broadway, directly south of the Vistan Apartments, Mr. Fretz presented vicinity maps of the area showing the proximity of existing commercial zoning and land use of adjacent properties. This being the time and place as advertised, Chairman Stewart opened the public hearing. Mr. Kandt, representing J. W. Anderson, owner of the Vistan Apartments, elaborated on the application requesting rezoning and stated that there.is a 20 foot alley at the rear of proposed commercial zoning with the apartments setting back 12 feet from- the alley. Mr.. Al Caldwell, 629 "H" Street, owner of a portion of the property represented by the application, spoke in favor of the rezoning, There being no.further comments, Chairman Stewart closed the hearing. It was moved by Member Sparling, seconded by Member Adams and unanimously carried that the application for rezoning to C-2 of this R-3 property be denied for the reasons that it would not be good zoning practice, but, rather, spot zoning, that no public necessity requires such a change. of zone and that the denial of the app- lication will not deprive the applicant of a reasonable property use. Public Hearing � Between Fourth and Fifth, North from ttHtt approximately 660 feet R-2 to R-=3 The application was read requesting R-3 zoning of R,2 property located on the north side of 'tHtt between Fourth and Fifth and extending approximately 660 feet north from ttHtt. Planning Director Fretz presented a vicinity map of the area, pointing out the City Shops and Vista Square across- ttHtI.-.Street. This being the time and place as advertised, Chairman Stewart opened the public hearing. Mr. Powell, 510 Otis, explained to the Commission that he lives in one of the two subdivisions across Fifth Avenue from this areawhich are zoned R-2 but developed R..1 and that these two subdivisions have deed restrictions prohibiting anything other than R,-1 development. He inquired as to the affect on these sub- divisions from, the continuedrequest for R'3 zoning in the vicinity and possible requests for R�3 zoning within these subdivisions. Chairman Stewart suggested that owners in these subdivisions get legal counsel as to the deed restrictions and, if the owners desire R�3 zoning, apply for a zone change. There being no further comment, the hearing was closed. It was moved by Member Culnan, seconded by Member Calkins and carried unanimously that the application be approved and the Planning Commission recommend to the City Council that this property be rezoned from R-2 to R-,3. The action is based on the following finding of fact: Good zoning practice will be served in that the property on two sides is occupied by R-.3 development and the city shops and housing area, abut on the south side of 'tH" Street. VARIANCES Public Hearing - Dr. Franklin S'. Glanz 4 Hilltop Court Dr. Glanzt's application was. read requesting a variance to allow a doctor' s office at 4 Hilltop Court, a C-1 use in an R.l zone. Planning Director Fretz presented a vicinity map showing proximity to the shopping center at Hilltop and Naples. This being the time and place as advertised, Chairman Stewart opened the hearing. Letters were read approving the granting of the variance, from H. Bruggeman, owner of the adjacent shopping center, Rev. Pedrotti, Minister of the First Presbyterian Churbh, and Dr. Lauderbach, Superintendent of the City School District. Letters were read protesting the granting -of the variance from William .Drake, 1057 Corte Maria; Mr. and Mrs. Ted Wilson, 1063 Corte Maria; Mr. and Mrs. James Merrill; Mr. and Mrs, Bruce Freeman, 1051 Vista Way; Mr. .and Mrs. Joseph Kane; Mr. and Mrs. Gerald Bottorff, 1062 Corte Maria and Mrs, Donald Thompson. . Favorable comments .were heard from Mr. Arthur Ebersol, 976 Barrett, Mrs. Larson, former owner of the property involved, Charles Moss, operator of the drug store in the shopping center and Jim Lay,.Realtor, 157 Theresa Way. Dr. Glanz spoke, stating that he is a Physician and Surgeon and an Osteopath and elaborated on his statements: as to why he is requesting a zone variance. Protests were heard from James Merrill, 1051 Corte Maria and Mr. Ted Wilson,11066 Corte Maria, Mr. Wilson presented a protesting petition signed by 26 property owners within the area, It was moved by Member A dams, seconded by Member Sparling and carried unanimously that the petition be denied and the finding of fact be as follows: 1. No exceptional circumstances or conditions applicable to the property which will create a hardship if the variance is denied. 2. The granting of the variance will be injurious to the surrounding property in that it will extend the commercial use now existing. Public Hearing � Bernard W, & Verna Fezer r 461 Smith Ave. The application was read requesting permission to construct a duplex at the rear of a 300 foot deep R,.2 lot, making a,, total of 3 units on the property. Maps were presented showing. the lot and vicinity, This being the time and place as: advertised, Chairman Stewart opened the hearing, A letter was read from Mr. Ernest Riebe approving the variance and Mr. Al Campbell spoke favoring the variance. There being no further comment,, the hearing was- closed. It was moved by Member Culnan, .seconded by Member Calkins and carried unanimously that the variance requesting permission to construct a third unit on the R-2 lot be granted based on the finding of fact as.- below and subject to the condition that off-street parking be provided for two cars: 1. Exceptional circumstances apply that do not generally apply to other R-2 lots in that the lot is 300 feet deep and has an improved dedicated alley adjacent for its entire length. 2. That the granting of the variance will not be materially detrimental to the district. Public Hearing Jesse Madden 823 Fourth Avenue The public hearing having been continued from December 1st, 1958, Chairman Stewart reviewed the matter, explaining that the Commission had directed the Planning Staff to attempt to work out a -solution by which both Mr. Maddens property and Mrs. Bagrellts adjacent property could be designed as one parcel for better development, before action is taken on Mr. Madden's variance request. Planning Director Fretz stated that several attempts- to help Mr. Madden and Mrs. Ba&pell to reach an agreement whereby both properties could be developed had failed and that it was his opinion that it is not possible to do so at present. He said Mr-, Madden had agreed to pay for all street improvements on the access street if Mrs. Bagnell would dedicate the street. , There being no additional comments, the hearing was: closed. It was moved by Member Sparling, seconded by Member Calkins and carried, with Member Adams voting- "note, that the variance be granted and the findings of fact be as: follows: 1. Exceptional circumstances apply to this property that do not apply generally to other R--1 property in that the property is land-.locked and .has a depth of approximately 320 feet with an unuvAble area of 3 �. 0 16.000 square feet. 2, The applicant is being denied a reasonable property right without the granting of the variance*. 3, That granting of the variance will not Le materially detrimental to. adjacent properties. Further, that the variance be subject to the following conditions: to Property -be developed as per plot plan submitted, 2. That the easement be paved for its entire length with plant mix. SUBDIVISIONS Seaview Estates #3 Tentative Map Chairman Stewart e3i;plained to Mr, Earl B rown that the consideration of the tentti ative map of Seaview. Estates #3 Subdivision had been taken off the agenda on rec- ommendation of the Engineering Department as they had not had sufficient time to study the map,. + Suburban Heights #2 Final Map Director of Planning Fretz presented the final maps and read the Engineering DepartmentIs requirements. It was moved by Member Sparling, seconded by Member Calkins and carried unanimously that the final Wrap, having met the requirements of the tentative map, be approved and recommended to the City Council with the provision that recommendations of the Engineering Department be complied with and the street names be changed as per the Director of Planning. SETBACKS Director of Planning Fretz explained -to the Commission that when the land within the Industrial Lands Annexation was zoned, building lines were not established, as is custom. He- explained that under provisions of the ordinance, the building lines must be considered as 25 feet from the property line unless.action is taken to establish them otherwise. He stated that Mr. Loeser, a purchaser of a portion of the M--2 property, had requested. that action be taken to establish more appropriate building lines for the 14.2 area. k. representative for1jr-. Loeser stated that a 25 foot setback is not feasible or practical for an industrial zone. It was moved by Member Culnan, seconded by Member- Calkins and carried that a public hearing be set for February 2, 1959,. to establish proper building lines for the streets within Industrial Lands Annexation, Fifth Street - Eucalyptus Park Planning Director Fretz explained to the Commission that this is the setback involved in the request from the Pony League at the last meeting to construct a 6 foot fence near the street. City Attorney Kugler stated that the request would have to be made by a zone variance and that the ordinance makes no- provision for the waiving of fees for anyone. The Commission directed that the Pony League be so advised. -- 4 REQUEST FOR EXFTTION FROM CONSTRUCTION OF PUBLIC IMPROVEMENTS 467 Casselman A letter was read from John L. Baker requesting exemption from installation of sidewalk on his lot at 467 Casselman. A letter was read from the Engineering Department recommending that curb, gutter and shoulder paving, only, be installed and that installation of sidewalk would be extremely impractical because of the excessive fill that would be required. It was moved by Member Culnan, seconded by Member Sparling and unanimously carried that Mr. Baker be granted an exemption from construction of sidewalk at this time but that curb, gutter and shoulder paving be.installed as per ordinance requirements. It was then moved by Member Culnan, seconded by Member Adams and carried that the City Attorney prepare an amendment to Ordinance 513 which will allow the Planning Commission to grant an exemption for a .specific period of time.- ANNMTIONS Telegraph Canyon #2 Annexation Maps were presented of the proposed annexation and Mr. Fretz explained that this is the area that lies between the old and new right--of-ways of Telegraph Canyon Road and will be included in the Halecrest Subdivision. It was moved by Member Sparling, seconded by Member Culnan and unanimously carried that the Planning Commission-recommend to the City Council that this annexation be accepted. Site Plan Ordinance Mr. Fretz discussed with the Commission what provisions- they wish to include in the site plan ordinance with regard to public ,improvements and the method of enforcement. The Commission directed that before preparing a draft of the ordinance, for public hearing, that a meeting be held with two members of the Commission, two members of the Board of Realty, two members of the Contractor's Association and the Planning Director to get -their- opinion as to the provisions of a site plan ordinance. Chairman Stewart appointed Members Sparling and Adams to represent the Commission. Use Classification -� A nBrite Neon Sign Company The secretary reviewed for the Commission the background for the request for classification of use, stating that the property occupied by the neon sign company at 616 Garrett, an R�3 zone, has a nonconforming use status, and that it may be occupied by any Ms-1 use. It was explained that the Zoning Ordinance does not list this type of business as permitted in any zone but that the Commission may establish its proper classification by resolution. A letter was read, signed by neighbors complaining of the use. It was moved by Member Culnan, seconded by Member Calkins and unanimously carried that the Director of Planning assemble information necessary to assist the Commission in classifying the use, and to discuss the situation with the neighbors: to get tht9jr opinion as to statements. outlined in .their letter. � 5 ,� . Banister-Henderson,-Robinson Regoning Mr. Fretz explained to the Commission that the Council had set a public hearing for the appeal filed to the Planning Commission denial of the requested C-2 zoning for Banister-Robinson-Henderson on the south side of "E" Street and had requested that the Planning Commission consider any new evidence that might be submitted by the applicant and forward their comments to the Council for the hearing. There being no new evidence submitted, the Commission continued the matter to the meeting of February 2, 1959. Johnson-Tyson-Lynds Request for Reconsideration A letter was read from Johnson. Tyson-Lynds requesting that, in view. of the Council action on the Banister-Robinson-,Henderson appeal and the apparent delay in adopting site-plan legislation, that the Commission reconsider -their application for C,-2 zoning for their property on the south side of ."E" Street, east of Woodlawn. It was, moved by Member Culnan, seconded by Member Calkins and carried that the public hearing be set for February 2,1959 for reconsideration of this zone change, with the understanding that the applicants: will voluntarily submit site plans of the proposed development of their property. The motion carried by the following vote, to-wit: AIS': Culnan, Stevenson, Sparling, Calkins, Stewart and Adams NOES: none ABSENT: none Proposed Industrial Park Annexation Director of Planning Fretz reviewed progress that has been made on a study for industrial zoning for ..a large-tract to the southeast of. Chula Vista requested by C. C. Alley. Hp explained that the prezoning ordinance that will authorize such a study is in the process of being adopted and that preliminary consideration has been given to proposed land use for a large portion of the land. Mr. Alley said that he would like to have some definite commitment from the Commission at its next meeting. ADJOURNMENT The meeting adjourned, sine die. Respectfully submitted,. Audrey Stonehouse Secretary