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HomeMy WebLinkAbout1960-01-04 PC MINS MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA January 4, 1960 , A regular meeting of the Planning Commission of the City of Chula Vista was held on the above date in the Council Chamber at Civic Center at 7:30 P.M., with the following members present:. Stevenson, Sparling, Weakland, Stewart, Harmstead and Adams. Absent: Member Guyer. Also present: Director of Planning Fretz and City Attorney Kuglere APPROVAL OF MINUTES It was moved by Member Sparling, seconded by Member Harmstead and unanimously carried that the minutes of the meeting of December 72 1959 and the special meeting of December 14, 1959, be approved, copies having been mailed to each members REZONING PUBLIC HEARING Mestler and Laubmayer - 355-365 "K" Street - R-1 to M-1- The -1The application was read requesting rezoning from R-1 to M-.1 and a location map subs mitted to the Commission. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Laubmayer, 365 11K11 Street, spoke favoring the rezoning, stating that the property was used prior to 1919 by the Orchard Operating Company and himself for the maintenance and storage of heavy duty equipment. He stated that the area was rezoned to R-1 in 1949 and since that time they have been operating as a non-conforming use, and that if they cannot expand, it will be detrimental to their business. Mr. Jack N_+estler spoke favoring the rezoning. Mr. Troy Gartin, of the Quality Roof Company at 355 11K11 Street, stated he feels good zoning practice requires that the land be zoned M,-lo Protests were heard from Mr. A. L. Simas, 388 "K" Street; Mr© George Aylward, 765 Glover Street; Mr, V. C. Giuliani, 765 Garrett., Mrs John E. Semanka, 766 Glover; Mr. Max Cricksman, 771 Garrett; Mrs, Olive Thayer, 764 Garrett; Mrs. Sadie Polansky, 382 11K11 Street and Mr. D, R. Pering, 770 Garrett, speaking for eight other property owners in the area. Their comments were that the rezoning would be a detriment to the neighborhood rather than a benefit; it will deteriorate the value of their properties; the present devel- opment is unsightly and noisy and that Garrett should go through to f1K01 Street, Letters of protest were read from Mr. Kenneth Copeland, 778 Garrett and Mr, -Harry Woolf, 807 Fourth Avenues Member Stevenson stated that he feels M"1 zoning is out of place in this area and that, even though M-1 uses have occupied the land for many years, they are no longer desirable. Chairman Stewart stated that the Commission's recommendation to City Council for C-2 zoning on other M-1 property in the area indicates a desire to eliminate the M-1 zonings He stated he feels the area should remain R-1 in view of the R-1 development to the north. Planning Director Fretz submitted a plan showing the possibility of developing the north portion of the property in question as residential lots fronting on a cul-de- _ sac from Garrett and Zoning the frontage on 11K11 Street to C-2 with future consideration for heavy commercial uses, Chairman Stewart.asked Mr. Laubmayer if they would.object to the matter being continued for further consideration of Planning Director Fretz1s suggestion. It was, moved by Member Sparling' seconded by Member Weakland and unanimously carried that the hearing be continued to January 18, 1960® PUBLIC HEARING - Be S. Dockstader - Southeast Corner Broadway and 11K11 Street - Rel to C^2 The application was read requesting rezoning from R-1 to C-2 of the easterly 165 feet of Mr. Dockstaderts property on the southeast corner of Broadway and "Kit, Planning Director Fretz submitted a map showing Mr. Dockstader1s property and adjacent property cuts and zoning. This being the time and place as advertised, Chairman Stewart opened the hearing. Attorney E. S. Watawa, appearing for Mr, Dockstader, spoke favoring the change of zone, stating that the 125 foot depth of the existing C-2 zone is not adequate for its intended Cwt use. He stated that the property will be leased for a new car agency which will include servicing of cars. Protests were heard from Mr. Ed Joseph, 790 Beech; Mr. Douglas Bryant, 797 Ash; 11r, Albert King, 791 Beech; Mrs. Ed Joseph, 790 Beech; and Mr. Lou Klein, 785 Ash, to the effect that such a use would cause heavier traffic on 11K11 Street, cause traffic congestion; create a noise nuisance and decrease property value. Planning Director Fretz explained that the property is 290 feet square, with the westerly 125 feet fronting on Broadway, zoned C-2 and the rest R-1, He stated that he feels 125 feet as not deep enough for C-2 use but he also feels commercial frontage on "Ku Street could be detrimental to the residences across the street. He suggested that it might be possible to develop a portion of the 11K11 Street frontage for a depth of 100 feet residentially and zone the rest of the property 0-23 as requested. Member Sparling stated that he believes the C-2 zone at VV should be deepened to 150 feet leaving two 70 foot lots fronting onVK11 Street, with a 100 foot depth, to be developed residentially. Mr. Watawa stated that the car agency needs the area proposed for re- zoning but that perhaps they could request rezoning for adjacent land 140 x 100 feet in size to give the agency adequate area® The Commission requested that the property owner contact the Planning Director and see what could be worked out. It was moved by Member Sparling, seconded by Member Harmstead and unanimously carried that the hearing be continued to February 1, 1960, so that an additional application can be made and set for hearingo PUBLIC HEARING .. C-2 Prezoning Pylant Annexation No. 4 Planning Director Fretz submitted a map showing proposed prezoning of Pylant Annex- ation No. 4. This being the time and place as advertised, Chairman Stewart opened the hearing„ Mr. E. F.' Lane spoke favoring the C-2 zoning. There being no comment, the hearing was closedo RESOLUTION NO. 150 - Recommending C-2 Prezoning for the Pylant Annexation No, 4 Offered by Member Stevenson, passed, adopted and approved, by the following vote, to wit: AYES: Members Stevenson, Sparling, Stewart, Weakland, Harmstead and Adams NOES: none ABSENT: Member Guyer 2` PUBLIC HEARING !. R-3 and C-2 Prezoning - Broadway Annexation No. 1 Planning Director Fretz submitted a map showing proposed R-3 and C-2 prezoning of ;.Broadway Annexation No. 1. This being the time and place as advertised, Chairman Stewart opened the hearings There being no comment, either for or against, the hearing was closed, RESOLUTION NO. 151 - Recommending R-3 and Cm2 Prezoning for the Broadway Annexation No, 1 Offered by Member Harmstead, passed, adopted and approved, by the following vote, to-wit: AYES: Members Harmstead, Adams, Stevensqn, Sparling, Weakland and Stewart NOES: none ABSENT: Member Guyer CONDITIONAL USE PERMITS PUBLIC HEARING - Carlyle S. Warren - 222 "G" Street - Television Repair Shop An application was read requesting permission to operate a television repair shop and Planning Director Fretz submitted a plot plan of the property. This being the time and place as advertised, Chairman Stewart opened the hearing, Mr, Warren stated that he operates a television repair shop at this time from his garage and that he wanted to move to a new location and construct a three-car garage in which he would make television repairs. City Attorney Kugler stated that the Conditional Use Permit procedure does not include this type of use. Mr. Warren stated that it would not be a sales outlet, he would keep no materials stored, and the equip- ment used will not interfere with reception in the neighborhood. Mr. John Williams, speaking for his father, owner of property adjacent at 228 "G" Street, protested the application and stated that it would be an encroachment of business into the area. Mr. Walter Forrest, 227 t'G" Street, protested the application, stating he feels it will create a traffic problem. There being no further comment, the hearing was closed. it was moved by Member Adams, seconded by Member Sparing and unanimously carried that the conditional use permit application submitted by Carlyle Warren for a tele- vision repair shop at -222 "G" Street be denied because it is not a permitted R"3 use with a conditional use permit. PUBLIC HEARING - Morgan Construction Company - 655 "H" Street The application was read requesting a conditional use permit to allow construction of a building to be used for offices, Planning Director Fretz submitted a plot plan of the proposed development, pointing out that there are 28 parking spaces indicated while the ordinance actually would only require 17 spaces. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Al Caldwell, owner of the property to the east, spoke favoring the application, stating that his property is developed at the present time with a single house and is � 3 � the only property separating the existing commercial zoning and the property in question` lb?. John Morgan, applicant, reviewed the matter of a request for comm- ercial zoning for this property and its denial, one of the main objections being the lack of control over off-street parking. There being no further comment, the hearing was closed, It was moved by Member Harmstead and seconded by Member Sparling that the Morgan Construction Company be granted a conditional use permit for construction of an office building at 655 "H" Street, as per plans submitted, and that the action be based on the following: 1, The proposed use will not be materially detrimental to public health, safety or welfare. 2. The characteristics of the use are reasonably compatible in that there are both multiple residential and commercial uses in the immediate area. The motion carried by the following vote, to wit: AYES: MembersHarmstead, Adams, Stevenson, Sparling, Wealcland and Stewart NOES: none ABSENT: Member Guyer It was moved by Member Harmstead and seconded by Member Sparling that the motion be amended to eliminate a parking space on either side of the entrance at "H" Street. The motion carried by the following vote, to"-wit: AYES: Members Harmstead, Adams, Stevenson, Sparling, Weakland and Stewart NOES: none ABSENT: Member Guyer A letter was read from Mrs. Harriet Stone, protesting the application. It was moved by Member Harmstead, seconded by Member Sparling and unanimously carried that the action taken on the application be reaffirmed. VARIANCES PUBLIC HEARING -- Morgan Construction_ Company R 655 "ITr Street The application was read requesting reduction in setback to zero along "H" Street, both side yards and the rear yard, to allow construction of the office building previously approved. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. John Morgan spoke favoring the variance, explaining why he felt it was necessary. Chairman Stewart stated that in view of the bank at the rear of the property, the rear yard will be inaccessible and unusable and would probably accumulate trash. Zero side yards will improve the off,street parking facilities. City Attorney Kugler stated that the ordinance provides for a change in building lines through amendment rather than a variance, Member Adams stated that he agrees with the desirability of a zero setback on the side yards, but questioned whether it would be adequate in view of the RA3 development adjacent. He stated that residential property needs 10 feet between buildings to allow adequate light and air. Chairman Stewart stated that he feels there will be a hardship if the zero side yard is not granted because it will reduce the access to the individual parking spaces too much. A letter was read from Mrs. Harriet Stone, protesting the variance. There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Harmstead that the application of the Morgan Construction Company be granted for reduction in setback as follows: 1. Front yard 25 feet to zero. 2e Side Yards - 5 feet to zero. 3. Rear Yard - 15 feet to zero® That the action be based on the following findings of fact: 1. With the granting of a conditional use permit for an office building, the property will be in commercial use and commercially zoned properties enjoy a zero setback. 2. If the variance is not granted, the applicant will be deprived of a large portion of his property. 3, There does not appear to be any reason that the granting of the variance will be materially detrimental to the public welfare or property improve., ments in the area. The motion carried by the following vote, topwit: AYES: Members Adams, Stevenson., Sparling., Weakland, Stewart and Harmstead NOES: none ABSENT: Member Guyer PUBLIC HEARING - Robert Prescott - 372 Broadway - C-2 Use in R-3 Zone The application was read requesting permission to operate a motels a C,-.2 use, on the rear portion of Mr. Prescott's property, zoned R-3. A plot plan was submitted showing the division of Mr. Prescottas property by a zone boundary, with the front 125 feet zoned C-2 and the rear 145 feet zoned R-3. Planning Director Fretz stated that a building permit had been issued for apartment units, but that the owner now desired to operate it as a motel. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Prescott, applicant, stated that it had always been his intention to operate the building as a motel and that the permit for an apartment building was a mistake. A letter was read from Mrs. Franabs Guest, operator of the Monterey Motel, protesting the variance on the basis that a motel constructed on the rear of the lot with comm., ercial buildings in front, would deteriorate fast and result in a slum. Protests were heard from Mrs. Guest and a representative for Mr® Martin Green, operator of the Chula Vista Motel at 394 Broadway. Their objections were that they felt the future use of the front of the commercial property should be considered, that the motel could not be operated in such a manner as to benefit the area if commercial structures were built in front. Members Sparling and Adams stated that they feel an application for change of zone should have been filed rather than a variance application., - 5 It was moved by Member Adams and seconded by Member Sparling that the request for variance be denied. The motion failed to carry by the following vote, to--wit: AYES: - Members Adams, Sparling and Harmstead NOES: Members Stevenson, Weakland and Stewart ABSENT: Member Guyer Member Stewart stated that he feels there is a hardship involved in that the applicant cannot use his property for one purpose and there is no access to the portion zoned R-3. It was moved by Member Stevenson and seconded by Member Weakland that the application be approved and Mr. Prescott be allowed to operate a motel, a C-2 use, on the rear of the property at 372 Broadway, which is zoned R-30 Further, that the action be based on the following findings of fact: 1. That the property is split by a zone boundary, the front 125 feet zoned C-2 and the rear, zoned R-3, The rear portion, zoned R-,3, is lands-locked if not used with the C-2 portion. The C-2 zone is not deep enough for adequate commercial development, 2. The R-3 portion being landlocked cannot be properly developed as presently zoned. 3. Property on both sides is developed commercially and the proposed use will be compatible; therefore, it does not appear that the use will be detrimental to uses in the area. The motion carried by the following vote, to-wit: AYES: Members Stevenson, Sparling, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: Member Guyer PUBLIC HEARING - E. Re & M. J, Sinram - 399 "J" Street The application was read requesting permission to maintain a 52 foot wall within the setback along 4th AVenue, and a plot plan was presented. This being the time and place as advertised, Chairman Stewart opened the hearing. A letter was read from Kime and Frank Fukamiza, of 674 Fourth Avenue, approving the variance. There being no further comment, the hearing was closed. It was moved by Member Stevenson and seconded by Member Weakland that the application be approved and that E. R. and Me J. Sinram be allowed to construct and maintain a 5z foot block wall within the setback along Fourth Avenue. That the action be based on the following findings of fact: 1. This is a corner lot and because two front setbacks must be maintained, a large portion of the property cannot be used. 6 �, 2. Because of the large setbacks, the property owner is deprived of use of a large portion of his property, unless the variance is granted. 3. The wall will not affect adjacent properties and is far enough away from the intersection of Fourth and "Jt' that it does not interfere with traffic® The motion carried by the following vote, to-wit: AYES: Members Stevenson., Sparling, Weakland, Stewart, Harmstead and Adams NOES: : none ABSENT: Member Guyer PUBLIC HEARING - Jack Lowell - 585 "EI' Street The application was read requesting a reduction in front yard setback from 30 to 20 feet for the main building and from 20 to 14 feet for an architectural projection. The application also requested permission to construct a sign over -the maximum height and area allowed by ordinance. Planning Director Fretz submitted a plot plan and elevation of the proposed development. This being the time and place as advertised, Chairman Stewart opened the hearings There being no comment, either for or against, the hearing was closed. It was moved by Member Sparling and seconded by Member Harmstead that the application be approved and ;fir. Lowell granted a reduction in setback along "EU Street from 30 to 15 feet. Further that the action be based on the following findings of fact: 1, A 30 foot setback is inconsistent with setbacks in other R-3 areas and with the 20 foot setback in the R-1 zone across t'Ett Streets 2a The applicant is deprived of a considerable portion of his land if the variance is not granted. RESOLUTION NO. 152 Callinti a Public Hearing on February 1, 1960, to Consider Establishing a 15 foot Building Line on the North Side of UEV Street Between Fifth Avenue and Broadway Offered by Member Sparling, passed, adopted and approved, by the following vote, towit: AYES: Members Sparling, Weakland, Stewart, Harmstead, Adams and Stevenson NOES: none ABSENT: Member Guyer It was moved by Member Sparling and seconded by Member Stevenson that the motion granting the 'variance at 585 HEtt Street be amended to grant permission to construct a double faced sign of a maximum 60 square foot area, to be mounted on the archi- tectural projection above the front eave line. The motion carried by the following vote, to wit: AYES: Members Sparling, Weakland, Stewart, Harmstead, Adams and Stevenson NOES: none ABSENT: Member Guyer .� 7 PUBLIC HEARING - Stanley F. Plummer - 608 Date Avenue The application was read requesting reduction in rear yard setback from 20 to 15 feet for the purpose of adding a family room to the existing dwelling. Planning Director Fretz submitted a plot plan of the property. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr, Plummer spoke favoring the application` There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Harmstead that the variance be denied for the reason that no exceptional circumstances were found to justify the granting of a variance. PUBLIC HEARING a Louis and Alice Gonzales A 704 "J" Street The application was.read requesting a reduction in setback from 20 to 15 feet and reduction in rear yard from 15 to 12 feet. The applicants propose to construct a second house on the corner lot, A plot plan was submitted showing proposed and existing construction. 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. It was moved by Member Adams and seconded by Member Weakland that the application be approved and a variance granted to Louis and Alice Gonzales for a reduction in setback along "Jt' Street from 20 feet to 15- feet and in rear yard from 15 feet to 12 feet. That the action be based on the following findings of fact: 1. This is a corner lot and because two front setbacks must be maintained, a large portion of the property cannot be used. 2. - Without the granting of the variance, reducing the setback, the applicant will be deprived of use of a large portion of his property0 3, No objections were filed; therefore, it appears that the granting of the variance will not be detrimental to adjacent properties, The motion carried by the following vote, to-wit:. AYES: Members Adams, Sparling, Weakland, Stewart and Harmstead NOES: Member Stevenson ABSENT: Member Guyer PUBLIC HEARING Robert Carlin -- Industrial Boulevard below "L" Street . The application was read requesting a reduction in setback along Montgomery Freeway and Industrial Boulevard for construction of industrial buildings. Planning Director Fretz submitted a plot plan showing location of buildings and provision for parking. This being the time and place as adt*ertised, Chairman Stewart opened the hearing, 8 ., Mr. Robert Carlin explained the need for the reduction in setback. There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Stevenson, that the application be approved and a variance granted for a reduction in setback along Montgomery Freeway from 25 to 18 feet and Industrial Boulevard from 25 to 10 feet. That the action be based on the following findings of fact: 1. The property has an odd shape with two major setbacks. 2. Without the granting of a variance, it will be difficult to develop the property industrially, as zoned. 3. Other industrially zoned areas have a zero setback, thus the granting of the variance will not materially affect public welfare or be injurious to adjacent areas. The motion carried by the following vote' to«-gait: AYES: Members Adams, Stevenson, Sparling, Weakland, Stewart and I-iarmstead NOES: none ABSENT: Member Guyer PUBLIC HEARING m Muster Corporation - 1100 Industrial Boulevard The application was read requesting reduction in setback along Industrial Boulevard to allow construction of a sign over the maximum height allowed within the setback. Planning Director Tietz submitted a plot plan showing location of proposed sign. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Ray Swaner, speaking for the Muster Corporation, stated that the sign will not be on a heavily travelled road and is needed to light the entrance to the park. There being no further comment, the hearing was closed. It was moved by Member Stevenson and seconded by Member Sparling that the application be approved and a variance granted to allow construction of a sign with a zero setback on Industrial Boulevard. That the action be based on the following findings of fact: 1. There are unusual circumstances involved in that most industrially zoned property has zer o setbacks. 2. If the applicant must observe a 25 foot setback, he will be deprived of a considerable portion of his industrially zoned property. The motion carried by the following vote, to-wit: AYES: Members Stevenson, Sparling, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: Member Guyer SUBDIVISIONS Cindy Park No. 2 Final 14ap X99 J Planning Director Fretz submitted the final map of Cindy Park No. 2 and stated that it complies with all requirements of the tentative map. It was moved by Member Sparling and seconded by Member Stevenson that the Planning Commission recommend approval of the final map of Dindy Park No. 2 to the City Council. The motion carried by the following vote, to hit: AYES: Members Sparling, Weakland, Stewart, Harmstead, Adams and Stevenson NOES: none ABSENT: Member Guyer SETBACKS Setbacks in Commercial Areas The matter was continued to the next meetings ANNEXATIONS Broadway Annexation No, 2 Planning Director Fretz submitted a map of the Broadway Annexation No. 2, and reviewed previous annexations in the area. It was moved by Member Sparling and seconded by Member Harmstead that the Planning Cormaission recommend to the City Council that Broadway Annexation No. 2 be approved. The motion carried by the following vote' to-wit: AYES: Members Sparling, Weekland, Stewart, Harmstead, Adams and Stevenson NOES: none ABSENT: Member Guyer MISCELLANEOUS PUBLIC HEARING Off-Street Parking Ordinance City Attorney Kugler reviewed the proposed ordinance which will require provision of off-street parking. He explained that upon a change of zone, the supplemental HP" zone could be combined with the new zoning classification and require provision of off-street parking. He stated that the ordinance also defines a parking space and establishes number of spaces required. This being the tirae and place as advertised, Chairman Stewart opened the hearing. There being no comment, either for or against, the hearing was closed. The Commission concurred that restaurants should be classified with retail stores rather than offices with regard to the number of parking spaces to be provided. RESOLUTION NO. 153 - Recommending an Amendment to Zoning Ordinance to Provide for Supplemental trPct Zone and Require Off-Street Parking Offered by Member Sparling, passed, adopted and approved, by the following vote, toe-wit: 10 AYES: Members Sparlingli Weakland, Stewart, Harmstead, Adams and Stevenson NOES: none ABSENT: Member Guyer Request for Exemption from Construction of Sidewalks " 116 First Avenue A letter was read from Mr. Ivan Bodge, requesting exemption from construction of side- walks at 116 First Avenue during construction of a dwelling. It was moved by Member Sparling9 seconded by Member Haxmstead and unanimously carried that the request be denied for the reason that no evidence was presented indicating that installation of side walks would create a defective condition or would be extremely •impractical. Request for Exemption from Construction of Public Improvements - Third Avenue, East of Fourth Avenue A letter was read frog Mr. Sam Shapov requesting exemption from construction of public improvements on Third Avenue, east of Spangler's Restaurant, during construction of commercial buildings. \ Mr. Abe Zeiner, speaking for Mr, Shapov, stated that there is not sufficient foot traffic in the area to warrant sidewalks. It was moved by Member Harmstead, seconded by Member Adams and carried that the request be denied for the reason that no evidence was presented indicating that the installation would create a defective condition or that it would be extremely im-• practical. Member Weakland voted "no", Discussion - Provision for Signs in Zoning Ordinance The matter was continued to the next meeting. COMMUNICATIONS Mr. Torn Devine, 1450 Tobias, asked the Commission to classify a trampoline center, a recreational center for young peoplav He stated that the proposed use will be open air, that the trampolines will be constructed in pits and will be operated until 9:00 P.M. in the winter and 10:00 P.M. in the summer. He also asked the restrictions as to noise and light. RESOLUTION NO. 154 A Classifying a Trampoline Center as a C-2 Use Offered by Member Harmstead, passed, adopted and approved by the following vote, to-wit: AYES: Members Harmstead, Stewart, Adams, Stevenson, Sparling and Weakland NOES: none ABSENT: Member Guyer The Commission stated that there are no restrictions in the zoning ordinance having to do with noise or light and that it would be up to Mr. Devine to control noise and lighting so that it would not be offensive to the neighbors Planning Director Fretz read a letter from owners of property on East Naples Street, asking that commercial zoning for their property, now interim zoned R-1, be considered. � 11 - He stated that he would inform the 1,Triter that an application for rezoning should be submitted. ADJOURNMENT The meeting adjourned at 1:10 A®Mo to January 18th, -1960® Respectfully submitted, Audrey onehouse Secretary