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HomeMy WebLinkAbout1960-04-18 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA April 18, 1960 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: Weak1_and, Stewart, Adams and Guyer. Absent: Members Harmstead and Stevenson. Also present: Director of Planning Fretz, City Attorney Kugler, Principal Engineer Harshman, Assistant Planner Brown and Planning Draftsman Lee. STATEMENT: The Secretary of the Planning Commission hereby states that she did post within 24 hours of the adjournment, as provided by law, the order of the City Planning Com- mission for the adjourned meeting of March 21, 1960, Chairman Stewart stated that Member Sparling had resigned after the last meeting.. It was moved by Member Guyer, seconded by Member Adams and unanimously carried that a letter be written to Mr. Sparling expressing regret for his resignation and thanking him for his service with the Planning Commission. APPROVAL OF MINUTES: It was moved by Member Guyer, seconded by Member Weakland and -unanimously carried that the minutes of the meeting of April 4, 1960 be approved, copies having been mailed to each member. REZONING Request for Rezoning - H. A. Jackson - Northwest Corner Del Mar and "G" Street R-3 to C-2 and Reduction in Setback along "G" from 10 to Zero feet and along Del Mar Avenue from 15 feet to Zero. It was moved by Member Weakland, seconded by Member Adams and unanimously carried that a public hearing be set for May 2, 1960 for consideration of the application. VARIANCES PUBLIC HEARING - David L. Julien 507 "J" Street - Area Variance (cont.) Planning Director Fretz reviewed the matter and submitted a plot plan showing proposed property cut and access easement to "J" Street for the rear portion. Chairman Stewart re-opened the hearing. City Attorney Kugler stated that the owner of the property cannot impose an easement against himself in favor of himself while the entire property is in his name. He stated that if the Commission sees fit to grant the variance, a condition could be that at the time of conveyance of either portion to another person, an easement of right-of-way be granted. Pfr. Julien submitted a copy of description of the property cut and easement as prepared by a title company. There being no further comment, the hearing was closed. It was moved by Member Guyer and seconded by Member Weakland that the variance re- quest be approved for division of property at 507 "J" Street into two 7,000 square foot lots, with access to the rear to be via an easement to "J" Street. That action be based on the following: 1. There. are unusual circumstances about the property that do not apply to other properties in the same area - the property is zoned R-13 is land-locked and has no other access, 2. To utilize the land, it will have to be developed as proposed. 3, Granting of the variance will not be materially detrimental to adjacent properties for the reason that good use of the land is proposed and there have been no objections. The motion carried by the following vote, to-wit: AYES: Members Guyer, Weakland, Stewart and Adams' NOES: none ABSENT: Members Harmstead and Stevenson PUBLIC HEARING - C. Glenn Grout and Frank Ferreira - Property Bounded by Moss, Naples. and Alpine Streets - R-3 Use in R-1 Zone and Setback Reduction The application was read requesting permission to develop the R-1 property with 10 apartment units, an R�3 use, and requesting reduction in setback along Moss Street from 25 to 5 feet, along Naples from 25 to 10 feet and along Alpine from 25-to 5 feet. Planning Director Fretz reviewed the request, stating that the City Council had felt a variance would give better control over development of the property rather than actual rezoning to R-3. Mr. Wayne Smith from Boyle Engineering, read a report from Land Title Company stating that there is no record of the dedication of the south half of Moss Street adjacent to the subject property. Planning Director Fretz re- viewed a map, prepared by Boyle Engineering, showing Moss as a one-way street west- bound and Alpine one-way southbound. He stated that the Safety Council had re', commended two-way traffic on Alpine and cross,-walks for pedestrians across Naples and one-way traffic on Moss. They further recommended that all public improvements be constructed on Alpine and Naples and curb only on Moss Street. Planning Director Fretz reviewed the plans for development of the lot and stated he feels the provision for off-street parking is not too good and that, while he agrees with the use of the property for multiple-residential units or as a professional building, he doesn't want to see the property overly developed. Mr. Ferreira stated that he believes the off-street parking is adequate and he stated that provision is being made for a 60 foot right-of-way for Alpine, This being the time and place as advertised, Chairman Stewart opened the hearing. Protests were made by the following people: Mrs. Carol Smith, 1063 Jacqueline Way; Mr. Kenneth Anderson, 112 Moss; Mr. and Mrs. Robert Dickson, 1098 Alpine; Mr. Martin Jorgenson, 119 Naples; Mr. John Casperson, 109 . Alpine; Mr. George Lorenz, 116 Moss; - 2 - Mrs. Paul Taylor, 1070 Jacqueline Way and Mr. Fred Brown, 1050 Second Avenue.. Their comments were: the proposed use will have a bad effect on the adjacent homes; the owner was aware of the zoning when he purchased the land; an exceptional use should not be granted to the property at the expense of the neighboring homes; in- creased traffic causing danger to children; no play area for children; location of proposed swimming pool; projection of R-3 use into an R-1 area; desirability of the parcel for a public park; and that 10 units are too many for the property, Mr. Ferreira stated that eight of the units are one-bedroom and that they will not rent to families with children. Also, that according to ordinance with R-3 zoning, they would be allowed to put 18 to 20 units on the property, twice as many as proposed. Mr. George Owen spoke favoring the granting of the variance. There being no further comment, the hearing was closed, Member Adams stated he feels the traffic pattern should have more study and that the location of the pool-.needs more study, as well as the adequacy of off-street parking provisions and the number of units for the parcel. He stated that if these things can be worked out, he doesn't think it would be detrimental to neighboring properties. Chairman Stewart rescinded the order closing the hearing. It was moved by Member Adams, seconded by Member Weakland and unanimously carried that the hearing be continued to May 2nd to allow time for further study. PUBLIC HEARING - Frank Schmedding - 562 Otis --R-3 Use in R-2- Zone The application was read requesting a variance to allow construction of a second detached dwelling unit on the.R-2 lot, an R-3 use. Planning Director Fretz sub- mitted a plot plan of the property showing existing and proposed buildings and a like development on the lots on either side. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Schmedding stated that the proposed dwelling will be within eight feet of the rear property line or 15 feet from the centerline of the alley to the rear. It was noted that the plot plan submitted shows 15 feet to the rear property line and that the provision that the rear yard may include half the alley had been repealed. Mir, Schmedding stated that the building would be moved sufficiently to allow the 15 foot rear yard, There being no further comment, the hearing-was closed. It was moved by Member Guyer and seconded by Member Weakland that the variance be approved and Mr. Schmedding allowed to construct a second dwelling on the lot, an R-3 use. That action be based on the following: 1. There are exceptional circumstances in that the applicant cannot utilize the rest of his large lot and it is desirable to develop it in a manner similar to that on either side. The property was originally developed R-1 and because the area no longer lends itself to R-1 development, the owner wishes to develop it with two units. 2. The variance is necessary for the preservation of a substantial property right because the owner cannot build on the property unless the variance is granted. - 3 �. 3. The granting of the variance will not be materially detrimental to adjacent properties because the applicant owns the lot on either side and because there have been no objections. Member Adams stated that the ordinance allowing construction of two sing lie-_-iunitm on an R-2 lot had been changed specifically because it was felt resulting development is not desirable. He stated that he cannot see any exceptional circumstances about the property that would justify granting a variance to allow two single units. He stated an approval would in effect be a denial of previous action. Chairman Stewart stated he believes that when the property is .already developed, there is a difference, and without the variance Mr. Schmedding cannot develop his property. The motion carried by the following vote, to-wit:, AYES: Members Guyer, Weakland, Stewart and Adams NOES: none ABSENT: Members Stevenson and Harmstead PUBLIC HEARING - George Stewart A 629 'Chula Vista Street Setback Reduction The application was read requesting a reduction in setback along Madison Avenue from 25 to 10 feet for the purpose of constructing an addition to the existing home. Planning ]firector Fretz submitted a plot plan of the property showing existing con- struction. This being the time and place as advertised, Chairman Stewart opened the hearing. A letter was read from Mr. C. W. Labadie, 86 Madison Avenue, opposing the variance and a letter from NLr. and Mrs. Werner Hirzel, 25 Madison Avenue, approving the variance. There being no further comment, the hearing was closed. J It was moved by Member-Adams and seconded by Member Guyer that the application of George Stewart, 629 Chula Vista Street, .for reduction in setback along Madison Avenue from 25 to 10 feet for construction of an .addition to the home, be approved. Further, that action be based on the following: 1. There are exceptional circumstances in that the two existing setbacks take up an excessive portion of the property. 2. The variance is necessary for the preservation of a substantial property right in that the owner is being deprived of use of a large part of his property. 3. It doesn't appear that the granting of the variance will be materially detrimental to adjacent property because there is not much objection. The motion carried by the following vote, to wit:: .AYES: Members Adams, Guyer, Weakland and Stewart NOES: none ABSENT: Members Stevenson and Harmstead 4e PUBLIC HEARING - Herbert V. Allen o North Side I'Lcr Street, Between First Avenue and Country Club Drive - Setback Reduction. The application was read requesting a variance to allow reduction in rear yard set- back from 20 to 5 feet for the purpose of constructing an accessory building within the rear yard setback of greater length and area than allowed by ordinance. Planning Director Fretz submitted a plot plan of the property showing proposed location of accessory buildings and dwelling and stated that when accessory buildings exceed the area and length allowed, they must observe the rear and side yard setbacks the same as a main building. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. .Allen stated that the accessory building has a garage and a hobby shop and that he can separate them and place them on the property .so that only one will be in the rear yard, but he feels the proposed design is much better esthetically and econo- mically. There being no further comment, the hearing was closed* It was moved by Iv7ember Guyer and seconded by Member Adams that the application for reduction in rear yard setback from 20 to 5 feet for construction of an accessory building be approved based on the following: 1. There are exceptional -circumstances about the property in that it has an odd shape. 2. The variance is necessary for preservation of a substantial property right in that the proposed location of the accessory building is desirable* 3. The variance apparently will not be materially detrimental to public' welfare because no objections have been raised* AYES: Members Guyer., Weakland, Stewart and Adams , NOES: none ABSENT: Members Stevenson and Harmstead PUBLIC HEARING - Z. Charles Kiss - 174-176 "D" Street Area Variance and Setback Reduction The application was read requesting permission to build on an R-2 lot having less than the minimum 7,000 square feet and requesting a reduction in setback along 'TD" Street from 25 to 13 feet. Planning Director Fretz submitted a plot plan of the property and explained the conditions of topography® He further'explained that Mr. Kiss actually has property running from t'D" Street to Second Avenue and has divided it into two lots. He stated that the property could have divided so that the minimum area was 7,000 square feet in each lot, but that Mr. 'Kiss believed the minimum area was 6,000 square feet* This being the time and place as advertised, Chairman Stewart opened the hearing* The Commission discussed the question of -adding more land to the lot on 'ID" Street to avoid a sub-standard lot. ., 5 , With the consent of Yrs. -Kiss, it was moved by Member Guyer, seconded by Member itieakland and unanimously carried that the matter be continued to May 2nd to determine the possibility of adding more land to the T'D" Street frontage, SUBDIVISIONS ` 1 Final Maps Hilltop Estates Planning Director Fretz submitted the final map of Hilltop Estates and stated that it complies with the conditions of the tentative map. It was moved by Member Guyer, seconded by Member Adams and unanimously carried that the Planning Commission recommend :to City Council approval of the final map of Hilltop Estates, the subdivider having complied with all conditions of the tentative map. Russell Haas Industrial Park Planning Director Fretz submitted the final map of the subdivision and stated that it does not comply with the tentative map approved by City Council. He stated that the Council had requested dedication of 30 feet for widening Main Street and the map shows only 20 feet to be offered for dedication, . , It was moved by Member Adams, seconded by Member. Guyer and unanimously carried that the map be held over until the May 2nd meeting,, Virginia Terrace Planning Director Fretz submitted the final map of Virginia Terrace and stated that it complies with the conditions of the tentative map. It was moved by Member Guyer, seconded by Member Adams and unanimously carried that the Planning Commission recommend to City Council approval of the final map of Virginia Terrace, the subdivider having complied with all conditions of the tentative map. Tentative Maps Mylo Ocean View Estates No. 3 Planning Director Fretz stated that the subdivider, Mr. LoCicero, has requested that the map be continued indefinitely as he has been unable to acquire additional footage for the continuation of Oxford Street through the subdivision. MISCELLANEOUS Electrology Service as Home Occupation Planning Director Fretz reviewed the rules and regulations of the Federal Oommonications Commission under which Mrs. Marinee reported her electrology equipment will be operated. City Attorney Kugler reviewed the home occupation provision in the zoning ordinance, stating that at Maas time the Commission is being requested to determine whether or not the electrology equipment proposed for use by Mr's. Marinee is objectionable for reasons itemized in the ordinance* 6 RESOLUTION NO. 167 - Resolution Finding that Electrology Machine Not Objectionable For Use in Home Occupation Offered by Member Adams, passed, adopted and approved by the following vote, to-wit: AYES: Members Adams, Guyer, Weakland and Stewart NOES: none ABSENT: Members Stevenson and Harmstead The Commission directed that the matter of home occupations be placed on the agenda for the May 2nd meeting for discussion as to how it is handled in other cities' zoning ordinances. APPROVAL OF ADDITION TO CHURCH Planning Director Fretz submitted plans for the new Central Southern Baptist Church to be located at the site of the existing church building on Hilltop Drive. It was moved by Member Guyer, seconded by Member Adams and unanimously carried that the matter be continued to'May 2nd to determine whether Planning Commission approval is necessary. Request for Exemption from Construction of Public Improvements - "J" Street, West of Broadway - Tyson Plymouth Center A letter was received from Tyson Plymouth, 720 Broadway, requesting exemption from construction of curb and sidewalk on their IVI Street frontage. A letter was read from the Engineering Department recommending denial of the exemption for the reason that no dangerous or defective conditions exist nor is it extremely impractical to install the improvements. It was moved by Member Guyer, seconded by Member Adams and unanimously carried that the request for exemption be denied for the reason that no dangerous or defective conditions exist, nor is it extremely impractical to install the improvements, as required by ordinance for justification of exemption. 1960-61 Budget Planning Director Fretz submitted the proposed budget for the Planning Department for fiscal year 1960-61 and reviewed the planning program for the coming year. He stated that while several major amendments to the Zoning Ordinance during the past year have resulted in improvement, he still believes the entire ordinance should be re-written. He asked the Commission for its feelings in reference to the method of accomplishing this job. It was moved by P/Iember Guyer, seconded by Member Adarns- and unanimously carried that a letter be written to the City Council recommending that the 1960-61 b�u.dget for the Planning Department ape approved as submitted by the Planning Director and recommending further that the Council consider hiring a planning consultant to rewrite the zon- ing ordinance and the authorization for purchase of an electric typewriter. Appeal From Denial of Zone Change - Jad.son, Inc. - 600 Block 1101; An appeal by Jadson, Ince, from Planning Commission denial of change of zone from R-3 to 0-211P11 for property on the north side of t'HI' east and wext of Oaklawn Avenue was read. Planning Commission findings for denial of the application we-rt read. 7 - It was moved by Member Guyer, seconded by Member Weakland and unanimously carried that the findings and appeal be forwarded to City Council, Request for Exemption from Construction of Public Improvements - Palomar, Frontage Road and Ada Street � George Trusty and Edward Rohrer A letter was read requesting exemption from construction of public improvements on Palomar Street, Frontage Road and Ada Street adjacent to properties owned by George Trusty and Edward Rohrer. A letter was read from the Engineering Department recom- mending that the matter be continued to allow a more detailed study. It was moved by Member Guyer, seconded by Member Weakland and unanimously carried that the request be continued to May 2nd. ADJOURNHMT It was moved by Member Adams, seconded by Member Weakland and unanimously carried that the meeting adjourn sine die, Respectfully submitted, Audreytor_ehouse Secret'�ry