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HomeMy WebLinkAbout1960-07-11 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA July 11, 1960 An adjourned regular meeting of the Planning Commission of the City of Chula Vista was: held on the above date at 7:00 P.M. in the Council Chamber at Civic Center, with the following members present: Stevenson, Weakland, Stewart, Harmstead, Adams and Guyer. Absent: none. Also present: Director of Planning Fretz-, City Attorney Kugler and Principal Engineer Harshmano STATU, 4 NT: The Secretary of the Planning Commission hereby states that she did post within 24 hours of the adjournment' as provided by lair, the order of the Planning Commission for the adjourned meeting of July 11, 1960. APPROVAL OF MINUTES.. It was moved by Member Adams, seconded by Member Guyer and unanimously carried that the minutes of the meeting of June 20, 1960 be approved, copies having been mailed to each membere REZONING PUBLIC HEARING - Adjustment of Zone Boundaries to Property Lines - Along Broadway and Along "Ell Street in 300 Block Planning Director Fretz submitted maps showing property depths and the C-2 zone depth along Broadway and on the north side of "E" Street in the 300 block. He explained that the lots being divided by zone boundaries have resulted in applications for variance and for zone change to allow use of the entire property. This being the time and place as advertised' Chairman Stewart opened the hearing. There being no comment, either for or against, the hearing was closed. RESOLUTION NO. 178 - Recommending to City Council Adjustment of Zone Boundaries Along Broadway and Along "Ell Street in 300 Block Offered by Member Guyer, passed, adopted and approved by the following vote, to-wit: AYES: Members Guyer, Stevenson, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: none REQUEST FOR REZONING —Southeast Corner Broadway and "C" Street - R-3 to C-2 The application was held over to the July 18th meeting. APPEAL FROM PLANNING COMMISSION DENIAL - Henry Reinstra - Northwest Corner of Fourth Avenue and "E" Street Member Adams stated that he believes the action of the Commission was indecisive; that the denial was due to a technicality and that he would like to see the Commission reconsider the rezoning request. City Attorney Kugler stated that when the appeal was. filed, the matter was taken out of the Planning Commission's hands and the only further action is to forward to the City Council the appeal and the findings made by the Planning Commission when the application was denied® Member Stevenson suggested that if the Commission cannot take further action, they can direct a communication to the City Council informing them of the Commission's present opinion on the application. The Planning Commission's findings on the application were read. Tlie Commission directed that the findings of fact include the statement "and because the other three corners are zoned or used for commercial purposes". It was moved by Member Adams, seconded by Member Weakland and unanimously carried that the appeal and the Planning Commission's findings in regard to the request for rezoning the northwest corner of Fourth Avenue and "E" Street to C-2-P be forwarded to the City Council. RESOLUTION NO. 179 - Further Recommendation and Explanation of Planning Commission Action on Request for Rezoning on the Northwest Corner of Fourth Avenue and "Efl Street Offered by Member Harmstead, passed, adopted and approved by the following vote, to-wits AYES: Members Harmstead, Adams, Guyer, Weakland and Stewart NOES: Member Stevenson ABSENT: none APPEAL FROM PLANNING COMMISSION DENIAL - Frank Whittington Southwest Corner Hilltop Drive _and "J" Street The Planning Commission's findings were read on denial of a zone change from R-1 to C-2 for the southwest corner of Hilltop Drive and "J" Street. It was moved by Member Guyer, seconded by Member Harmstead and unanimously carried that the findings be approved as read and forwarded to the City Council with the appeale APPEAL FROM PLANNING COMMISSION DENIAL - Oliver Underwood - South Side Naples Street, Between Melrose and Neptune Avenues The Planning Commission's findings were read on denial of a zone change from R-1 to C-2-P for property south of Naples Street between Melrose and Neptune Avenues. It was moved by Member Adams, seconded by Member Guyer and unanimously carried that the findings be approved as read and forwarded to the City Council with the appeal. VARIANCES PUBLIC HEARING - John Keeley - Southeast Corner Fifth Avenue and "H" Street - Reduction in Setback The application was read requesting reduction in setback along "H" Street from 22 feet to zero and in rear yard setback from 15 feet to zero. Planning Director Fretz sub- mitted a plot plan showing location of proposed building on the lot. - 2 This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Keeley explained his building plans and the need for further reduction in setback. He stated that the building will be flush with the property line on "H" Street. The Commission discussed the setbacks previously established along"H" Street in commercial areas and the desirability of having a uniform setback as against an irregular setback. Chairman Stewart stated he believes commercial property is too costly to require a setback. Planning Director Fretz stated he believes it would be beneficial to not use the parking space on the west side of the "H" Street entrance and would like to work this out with Mr. Keeley. Mr. Keeley stated he has not studied the proposed parking pat- tern sufficiently to determine whether this can be done. There being no further comment, the hearing was closed. It was moved by Member Harmstead and seconded by Member Guyer that the request for variance on' the southeast corner of Fifth Avenue and "H" Street for reduction in rear yard setback from 15 feet to zero and in the setback along "H" Street from 22 feet to zero be approved. Further that action be based on the following: 1. ' There are exceptional circumstances about the property in that it is zoned for commercial purposes and other commercial properties have been granted similar reductions. 2. The variance is necessary for preservation of a substantial property right in that the applicant will be denied reasonable use of his property for commercial purposes® 3. The property is adjacent to other commercial property and reductions in setback along "H" Street will not affect sight distance at the intersection due to the design. of the proposed development* The motion carried by the following vote, to Wit: AYES: Members Harmstead, Adams, Guyer' Stevenson, Weakland and Stewart NOES: none ABSENT: none PUBLIC HEARING - Keystone Realty Company - 737 Third Avenue - Reduction in Setback The application was read requesting a reduction in setback along Third Avenue from five feet to zero for the purpose of constructing an architectural projection on a commercial building now being constructed. Planning Director Fretz submitted an elevation of the commercial building showing the architectural projection. It was noted that the building sets back 52 feet and the architectural projection will extend to within 2� feet of the sidewalk. This being the time and place as advertised, Chairman Stewart opened the hearing. There being no comment, the hearing was closed. Member Adams stated he does not see how exceptional circumstances can be found applying to the property to justify granting a variance. 3 - It was moved by Member Adams and seconded by Member Guyer that the application of Keystone Realty for reduction in setback along Third Avenue from 5 feet to zero for construction of an architectural projection be denied because there are no exceptional circumstances applying to the property. The motion carried by the following vote, to-wit: AYES: Members Adams, Guyer, Stevenson and Stewart NOES: Member Weakland ABSENT: none ABSTAIN: Member Harmstead Request for Extension of Time - George Kenworthy - 276 "K" Street A letter was read from Yx. George Kenworthy requesting an extension of time on a variance granted him to allow maintenance of a flower stand at 276 "K" Street. It was moved by Member Stevenson, seconded by Member Guyer and unanimously carried that the request be approved and a one-year extension of time be granted to Mr. Kenworthy for maintenance of a flower stand on his property at 276 11K" Street. Request for Extension of Time - Irvin Rose - 300 Block Palomar Drive A letter was read from Mr, Irvin Rose requesting an extension of time on a variance granted him for reduction of street frontage to allow construction of two houses at the east end of the 300 block of Palomar Drive. Mr. Rose stated that one lot has been used but that he cannot proceed with construction on the second lot before the nix months time limit expires. It was moved by Member Stevenson, seconded by Member Harmstead and unanimously carried that the request be approved and Mr. Rose be granted an additional six months in which to use the variance, allowing construction on two lots at the east end of the 300 block of Palomar Drive. SUBDIVISIONS Cortez Manor No. 3 - Final. Map Planning Director Fretz submitted the final map of Cortez Manor No. 3 and stated that all conditions of the tentative map have been complied witho It was moved by Member Guyer, seconded by Member Stevenson and unanimously carried that the final map of Cortez Manor No. 3 be recommended to the City Council for appr6val. MISCELLANEOUS Mr, Bill Irey, applicant for the home occupation business license, not being present, it was moved by Member Harmstead, seconded by Member Guyer and unanimously carried that the matter be continued to the next meeting. Classification of Temporary Revival Service - Third and Mankato - C-1 Zone Planning Director Fretz stated that the Seventh Day Adventist Church had requested approval of location of a tent at Mankato and Third Avenue for revival services. He stated that the ordinance makes no provision for such a use except that a "temporary revival service" is excluded from the R-1 zone where churches are allowed. He stated ® 4 that the objectionable feature would not be the use itself, but the characteristic of being out-of-doors. Mr. Fretz stated that the use of tents and other temporary structures are not referred to in the ordinance other than for use by carnivals, etc., which would be allowed in a C-2 zone. City Attorney Kugler stated that the question is whether the Planning Commission sees fit to allow the use as C-1 as being similar to and no more objectionable than other C-1 uses. The Commission discussed the de- sirability of locating such a use in a C-1 zone and the lack of control over the length of time such a temporary structure could be used. RESOLUTION NO. 180 - Establishing a Temporary Revival Service as a C-2 Use Offered by Member Adams, passed, adopted and approved by the following vote, to wit: AYES: Members Adams, Guyer, Stevenson, Weakland, Stewart and Harmstead NOES: none ABSENT: none Location of School Safety Signs - Moose Lodge Chairman Stewart reviewed the matter; stating that the Commission had requested the Moose Lodge to bring in one of the school safety signs they wish to erect and also the .proposed locations of the signs. No one being present from the Moose Lodge, it was moved by Member Guyer, seconded by Member Adams and unanimously carried that the matter be dropped from the agenda until representation is made by the lodge. Discussion - Ordinance Providing for Limitation of Use of Front and Side Yard Setbacks City Attorney Kugler stated that the laws all must be derived from the police powers - public health, safety and welfare, and that ordinances could not be enacted for aesthetic purposes. The Commission directed that copies of the ordinance be sent to the Planning Commission before the next meeting. It was moved by Member Harmstead, seconded by Member Adams and unanimously carried that a public hearing be called for August lst for consideration of the ordinance. Discussion - Ordinance Providing for Service Stations in C-1 Zone with Conditional Use Permit Planning Director Fretz stated that work on the ordinance is proceeding but it is not ready for Planning Commission consideration. The matter was continued to the next meeting. League of ,California Cities Planning Director Fretz stated that the League of California Cities meeting this year will be held in Los Angeles from October 23rd to 26th. Southern California Planning Congress Planning Director Fretz stated that another Planning Congress dinner meeting will be held Thursday, July 14th3 at Covina and that he would contact members about attending. ® 5 _ Expiration of Member Stevenson's Term It was, moved by Member Guyers seconded by Member Adams and unanimously carried that a letter be written to the City Council recommending that Member Stevenson be re- appointed to the Planning Commission, ADJOURNMENT It was moved by Member Weakland; seconded by Member Harmstead and unanimously-.oarried that the meeting adjourn to July 18, 196o. Respectfully submittedp 112 Audrey S ehouse . Secretary