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HomeMy WebLinkAbout1960-09-07 PC MINS MINUTES OF A REGULAR- ICETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA September 7, 1960 A regular meeting of the Planning Commission of the City of Chula Vista was held at 7:00 P.M. on the above date in the Council Chamber at Civic Center with the following members present: Stevenson,- Comstock, WiDakland, Stewart, Harmstead, Adams and Guyer. Absent: none. Also present. Director of Planning Fretz and City Attorney Kugler. APPROVAL OF MINUTES It waa moved by Member Adams, seconded by Member Guyer and unanimously carried that the minutes of the meeting of August 15, 1960 be approved, copies having been mailed. to each member. REZONING PUBLIC HEARING - (cont.) - 750 Third Avenue - Dr. F. Streib - R-1 and C-1 to C-1®P Planning Director Fretz reviewed past action on the matter, stating that the hearing had been continued to determine from the owners of property north and south of Dr. Streibts what they desire for development of the rear portions of their properties. He stated that Mr. Abdulia Trejo, owner of property on the south, expressed a desire for residential development of the rear portion of his property. Chairman Stewart reopened the public hearing. Mrs. Phoebe James, Keystone Realty, 737 Third Avenue, stated that Mrs. Trejo had indicated that they want commercial development on the rear of the property. Dr® Jean Larsen, owner of property to the north, favored rezoning of this property, stating that she also would like to develop hers with a medical building. Mr. C. D. Larsen, owner of the drugstore fronting on Third Avenue, spoke favoring rezoning. Favorable comments were heard from Dr. Layton, interested in the subject property, and Mrs. Ato, owner of property to the south. Dr. Streib stated that he believes the entire property is .needed to develop the medical building and that this particular location is better for such a use than other commercial property deeper than 290 feet. Planning Director Fretz submitted a plan showing possible development of this property residentially, providing a 50 foot north-south street, 100 foot deep lots on both sides: and stated that this would leave 80 feet that could be added to the existing 290 foot depth of commercial zoning. Mr. Fretz stated that the land use survey made in August 1958, had been brought up to date insofar as land rezoned to commercial and in commercial land developed. He stated that in 1958 there were approximately 250 acres commercially zoned and since that time approximately 200 additional acres have been commercially rezoned. He stated that the percentage to residential of commercial zoning should be influenced by the character the people want the city to achieve as determined at the time the General Plan is developed. Mr. Fretz stated that the staff feels the city should proceed cautiously with any further commercial rezoning until the ultimate goal is known. Chairman Stewart stated that if our supply of commercial zoning gets ahead of the demand' it will, tend to slow development because it. takes land out of residential use and leaves it idle until it is eventually used for commercial purposes. Member Comstock stated that he feels the effect commercial zoning of this land -rill have on adjacentR-1 development must be considered and that increased traffic on Kearney Street and Garrett Avenue will be a detriment to the homes on those streets. Member Weakland stated he feels we need off-street parking and while the amount proposed might seem excessive now., in ten years we may wish it were available. The Commission discussed the possibility of rezoning the property to R-3 which would allow the same use proposed through the rezoning with a conditional use permit. It was pointed out that in this way the type of development could be controlled® It wasnoted that equal zoning would be necessary for the other land-locked property to the north and south. The applicant replied negatively to the Chairman's question as to whether R-3 zoning would be acceptable. There being no further comment, the hearing was closed. It was moved by Member Harmstead and seconded by Member Adams that the application for rezoning from R-1 and C-1 to C-1-P for property at 750 Third Avenue be denied for the reason that neither good zoning practice., public necessity' convenience nor general welfare require the change, as evidenced by the following: 1. The property is adjacent to residential development and does lend itself to residential development. 2. The depth of the existing commercial zoning is equal to or greater than the depth of commercial zones in other parts of the city. 3. Development as proposed will cut off other property in the area from street access. The motion carried by the following vote., to faits AYES: Membevs: Harmstead, Adams., Guyer., Stevenson., Comstock and Stewart. NOES: Member Weakland _ ABSENT: none Request for Rezoning - A. B. Ellington - 173-175 "Ell Street - R-1 to R-3 It was moved by Member Guyer., seconded by Member Harmstead and unanimously carried that the matter be set for hearing on October 3, 1960. Amendment to M-2 Zone Provisions - Classifying Certain Uses as Permitted Uses with Conditional Use Perm-its Planning Director Fretz explained the changes the proposed amendment will make in the Zoning Ordinance. RESOLUTION NO. 185 - Declaring Intention to Call a Public Hearing to Consider Amendment to Permitted Uses in Mpg Zone Offered by Member Harmstead., passed' adopted and approved by the following votev to-wit: - 2 - AYES., Members Harmstead' Adams' Guyer, Stevenson' Comstock' Weakland and Stewaxt5_ NOES: none ABSENT: none VARIANCES; PUBLIC HEARING - W. C. Gibbs - Vista Way and "K" Street Planning Director Fretz explained that Mr. Gibbs had withdrawn the application and that he had not been aware of theopposition to the proposed lot split. PUBLIC HEARING - Abe & Rose Orley - 380 Hilltop Drive - Permission to Build on Easement The application was read and a letter read from Mr. Orley stating that he could not be present at the Planning Commission meeting. Planning Director Fretz stated that the application requests permission to divide the property into two lots, the rear one to be served by an easement to Hilltop Drive. He stated that this same application had been previously denied. At that times it would have been possible for the lot fronting on Hilltop to be split again but that the City Council has since adopted an ordinance including the Hilltop Drive lot in an R-1-B-12 zone which would prohibit further division of the lot. Chairman Stewart _ stated that the property has adequate frontage to be divided so that both lots front on Hilltop Drive and a variance wouldn't be needed. Planning Director Fretz stated that if the property is to be split he believes the division as proposed by Mr. Orley is more desirable for the areas that two lots fronting on Hilltop Drive - 60 x 200 feet - would not be in keeping with the other development in this area. This being the time and place as advertised$ Chairman Stewart opened the hearing. Mr. Ernest Cooper, 370-Hilltop Drive, protested the granting of the variance, stating that the 18 foot easement is used for several houses now and another house will create parking and traffic problems.. A, letter was read from Mrs. Rose Silveyra protesting the variance. There being no further comments the hearing was closed. It was: moved by Member Guyer and seconded by Member Harmstead that the application submitted by Mr. Orley for permission to develop a lot fronting on an easement be denied for the reason that there are no exceptional circumstances about the property to justify granting a variance, Further that this ,development would overcrowd the easements the property has sufficient frontage on Hilltop Drive to create two legal lots and that the lot proposed to front on an easement is not landlocked until the property is split. The motion carried by the following vote, to wit: AYES: Members Guyer$ Comstock$ Weakland, Stewarts Harmstead and Adams NOES: Member Stevenson ABSENT: none PUBLIC HEARING - Will E. Pratt - 192 Fourth Avenue - Setback reduction The application was read regiiesting reduction in setback from 30 to 5 feet along Fourth Avenue and from 25 to 5 feet along "E" Street for commercial. development. This being the time and place as advertised, Chairman Stewart opened the hearing, - 3 - Mr. Albert Boyer' speaking for the applicant, stated he believes there are exceptional circumstances in that it is zoned C 1-P and the large setbacks are for residential purposes. He stated that almost one-quarter of the lot area is taken up in setbacks. A letter was,-. read from Mr. and Mrs. Otto Wooster, 172 Fourth Avenue.-protesting the reduction in setback. There being no further comment, the hearing was closed. It was. moved by Member Adams and seconded by Member Guyer that the application for reduction in setback along Fourth Avenue from 30 to 5 feet and along "E" Street from 25 to 5 feet be approved and that action be based on the following: 1. There are exceptional circumstances applicable to the property in that it is zoned commercial and the required setbacks are excessive for commercial development. 2. If the variance is not granted, the owner will be deprived of use of a considerable portion of his property. 3. It is not apparent that the reduction in setback will have any detrimental effect on adjacent property. MISCELLANEOUS Approval of Church Site - First Southern Baptist Church - 1102 Oasis A letter was read from the First Southern Baptist Church, requesting approval to hold church services in a home at 1102 Oasis until land can be found and developed with a church building. Mr. Terry Young, Pastor, stated that it would definitely be on a temporary basis' that they need approximately 5 acres for a church site. He stated that the only changes to be made to the existing house would be addition of a patio and landscaping, and that when a church building is constructed, the house will be sold or used as the parsonage. Mr. Young stated that the purchase of the house is dependent upon approval of the site by the Planning Commission and approval by the neighbors. The Commission continued the matter to September 19th and asked that Mr. Young bring to the meeting the results of his poll of the neighbors. Aroval of Equipment for Home Occupation •- Radio and Television Repair The application, submitted by Mr. Richard Pearson, 396 Del Mar Avenue, was read requesting approval of electronic meters and small hand tools for use in a home occupation. Mr. Pearson stated that most of the repair work would be done in the home of the set owner, but that some would need to be done at his home. RESOLUTION NO. 186 - Approving Equipment for Home Occupation Offered by Member Stevenson, passed, adopted and approved by the following vote, to-wit: AYES: Members Stevenson, Comstock, Weakland, Harmstead, Adams and Guyer NOES: Member Stewart ABSENT: none The Commission discussed the definition of home occupation as it is presently written and whether it does not constitute an encroachment into residential neighborhoods. - 4 - Time Factor in Deferral. of Construction of Public Improvements City Attorney Kugler stated that at the present time when deferral is granted for construction of public improvements, it is on the basis of a definite time periode He questioned the administration of this procedure stating that someone will have to keep track of each deferral. He suggested that in the future the deferral be granted for an indefinite time period but subject to 60 days written notice author .orized by the Planning Commission. Mr. Kugler stated .that since the Chula Vista Center Corporation had been given two years, that possibly the resolution approving their deferral should be amended to read as follows: "Sixty days after written notice authorized by the Planning Com- mission mailed to the property owners, but in no event within two years". It was moved by Member Harmstead, seconded by Member Comstock and unanimously carried that the City Attorney's suggestion be adopted. Classification of Rental Equipment Yard The Commission discussed the possible ways to amend the Zoning Ordinance to allow rental of equipment and directed that an ordinance be prepared allowing certain equipment in C-1 and Cm2 zones and other equipment in M-1 zones, Setbacks in Commercial Zones Planning-Director Fretz submitted a map showing setbacks' in C-1 and C-2 .zones in the city. He pointed out that the setbacks run all the way from 5 feet to 45 feet and emphasized that within any one`z6he the setback's should be uniform. The Commission discussed the advisability of dhanging' all setbacks to 5 feet at one time. It was, decided that first consideration should be given to changing those setbacks 25 feet or greater. RESOLUTION NO. 187 - Declaring Intention to Call Public Hearing to Consider Amendment of Zoning Ordinance to Establish 5 Foot Building Lines in Commercial Zones Where Existing Building Lines are 25 feet or Greater. Offeredbby Member Guyer, passed' adopted and approved by the following vote, to- it. AYES: Members Guyer' Stevenson, Comstock, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: none ADJOURNMENT It was moved by Member Stevenson, seconded by Member Harmstead and unanimously carried that the meeting adjourn to September 19, 196o. Respectfully submitted' Eudrey St house Secret