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HomeMy WebLinkAbout1960-02-15 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA February 15, 1960 An adjourned 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, with the following members present: Sparling, Weakland, Stewart, Harmstead, Adams and Guyer. Absent: Member Stevenson. Also present: City Attorney Kugler, Director of Planning Fretz and Principal Engineer Harshman„ STATEMENT The Secretary of the Planning Commission hereby states that she did post within 24 hours of adjournment, as provided by law, the order of the City Planning Commission for the adjourned meeting of February 8, 1960. APPROVAL OF MINUTES: It was moved by Member_ Harmstead, seconded by Member Sparling and unanimously carried that the minutes of the meeting of February 11 1960, be approved, copies having been mailed to each membero City Attorney Kugler outlined facts which, by ordinance, the Commission must find to justify granting a variance for a specific property. VARIANCES PUBLIC HEARING » National Little League t. Northwest Corner of Fifth and Sierra Way The application was read requesting permission to construct and maintain baseball playing fields on property described, a 0-2 use in an R-1 zone. It was noted that the application was signed by 28 persons approving the granting of the variance. Planning Director Fretz submitted a map showing adjacent properties and a plot plan showing proposed development, This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Dan Lawson, representative of the Little League, outlined the purpose of the Little League program and made the following additional points: 1. That there is very little land left in the city for such a use that the program can afford. _ 2, That the playing field will be fenced and kept locked when not being used® 3. That they had used the high school ball field the past two years but desire improvements that could not be constructed on school grounds. ' 4. That their desire is to have advertising signs on the inside of the fence ® surrounding the playing field but if the Commission doesn't approve, will do without, Mr. Alfred Geber, 861 Cedar, protested the variance and read a letter of protest from Mr. John. Krzywicki, 856 Date. Further protests were heard from Mr@ and Mrs. Mike May, 528 "K!' Street; Mr, Charles Jeter, 814 Fifth Avenue; Mr. George Masumoto, 841 Broadway; . Mr. Sidney Morris, 862 Cedar; Mr. C. E. Fuson, 522 OKI; Mr. Leason Harris, 868 Cedar. The protests were that the use would be materially detrimental to their property value, present a parking problem, aggravate existing traffic problem and noise resulting from the use, Mrs, Mike May, 528 1111, stated that the property owners on PKn Street are desirous of opening a street from Fifth Avenue to serve the rear of their properties and that the proposed development .of the ball field would prohibit improvement of the street. A petition was submitted with 56 signatures protesting the variance. Letters protesting the granting of the variance were read from L. G. Harris, 868 Cedar and Mr. and Mrse Harold Stewart, 855 Date. Mr. Egon Ohlendorf and Mr. H. R. Conneway, 804 Jefferson, manager of the league, spoke favoring the granting of the variance. A petite tion -recommending approval of the variance was submitted, signed by approximately 400 persons interested in the Little League activity. There being no further comment, the hearing was closed. Member Adams stated that he does not find that there are any exceptional circumstances pertaining to the property and he doesn't feel that it is necessary for the preservation of a substantial property right because the owner of the property can develop as R-1. He stated that testimony indicates that the variance will be injurious to the adjacent property and improvements, It was moved by Member Adams that the request for variance to allow construction and maintenance of a Little League playing field be deniedn The motion was seconded by Member Harmstead and carried by the following vote, to-,wit: AYES: Members Adams; Guyer, Sparling, Weakland, Stewart and Harmstead NOES.- none ABSENT: Member Stevenson PUBLIC HEARING " Irvin Rose - 300 Block Palomar Drive The application was read requesting permission to develop two building sites at the east end of the 300 block Palomar Drive, each lot having 28 foot frontage on the end of the cul-de-sac, rather than 50 feet required by Ordinance. Planning Director Fretz submitted a plot plan showing adjacent property cuts and possible ways to provide access to landlocked areasa, This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Rose stated that Plan No. 1, showing his lots developed as proposed, is the most feasible plan for development of the area. Mr. Roy Livesay, owner of property at 327 "L" Street, stated that he approves the variance if the adjacent land"locked area is eventually developed as suggested.on Plan No. 1® Mr. L. J. Roberts, 374 Palomar Drive and Mro Charlie Hart, 378 Palomar Drive, spoke favoring the granting of the variance, A letter protesting the variance was read from Mr© E. W. Matthews, 362 Palomar Drive® There being no further comments, the hearing was closed. ' It was moved by Member Harmstead and seconded by Member Weakland that the application be granted and Mr. Rose given permission to front two lots on the culmde-sac at the east end of the 300 block Palomar Drive, each lot having 28 foot frontage on a dedicated street rather than the 50 feet required by ordinance, subject to the condition that the 2 City Council dedicate the 1 foot lot on the end of Palomar Drive. Further that the action be based on the following findings of fact: 1. The property is landlocked and cannot be developed in any other manner. 2. The variance is necessary for the preservation of a substantial property right because the property cannot be developed without the granting of a variance. 3. The variance will not be materially detrimental to improvements in the area because the proposed use of the resultant lots will be compatible with existing uses. The motion carried by the following vote, to-wit: AYES: Members Harmstead, Adams, Guyer, Sparling, Weakland and Stewart NOES: none ABSENT: Member Stevenson PUBLIC HEARING Doreen Parmely Northeast Corner of First Avenue and "K" Street The application was read requesting reduction in setback from 20 to 15 feet along First Avenue and along "K'I Street, for the purpose of constructing a dwelling. Planning Director Fretz. submitted a plot plan of the proposed development of the lot. This being the time and place as advertised, Chairman Stewart opened the hearing. The applicant spoke, stating that the variance is needed in order to put a house on the lot comparable in size to those in the neighborhood. A letter was read from Rev, Nate of the St. John's Parish protesting the granting of the variance. There being no further comment, the hearing was closed. It was moved by Member Sparling and seconded by Member Harmstead that the application be approved and the applicant granted permission to reduce the setback along First Avenue and along "K" Street from 20 to 15 feet for the purpose of constructing a dwelling. Further, that the action be based on the following findings of fact: 1. There are exceptional circumstances in that maintaining two large setbacks would deprive the owner of the use of a large portion of his property. ' 2. Without the granting of a variance, the applicant would find it difficult to build a dwelling on the lot comparable to others in the areas 30 The majority of houses on "K" Street are setback 15 feet and the adjacent house on First Avenue is on a 15 foot' setback, therefore it doesn't appear that the variance will be detrimental to adjacent improvements* PUBLIC HEARING - Bessie M. Lyster ►- 526 "D" Street The application was read requesting permission to reduce the setback along "D" Street from 15 to 12.05 feet and the rear yard setback from 15 to 12 feet for the purpose of ' constructing a second dwelling unit on the R-3 property. Planning Director Fretz sub" mitted a plot plan of the property showing existing and proposed constructions This being the time and place as advertised, Chairman Stewart opened the hearing,, � 3 Mr. Steiner, representing Mrs. Lyster, spoke favoring the variance. There being no further comment, the hearing was closed. It was moved by Member Guyer and seconded by Member Adams that the application be denied for the reason that evidence presented did not indicate that there are circum stances about the property causing a hardship,, which would justify the granting of a variance, as required by law, The motion carried by the following vote, to wit: AYES: Members Guyer, Sparling, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: Member Stevenson PUBLIC HEARING - Casey Construction Company - 498 Fourth Avenue The application was read requesting a reduction in setback from 25 feet to zero along Fourth Avenue for the purpose of constructing a sign in connection with the development of a professional office building on the property. Planning Director Fretz submitted a plot plan of the property showing the proposed sign across the corner of the property, He stated that a variance has been granted for reduction in setback along "H" Street for the sign, but not Fourth Avenue. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Casey stated that the sign is designed to blend in with the landscaping and ardhi«. tecture of the building being constructed, There being no further comment, the hearing was closed, Planning Director Fretz stated that at the time the conditional use permit was granted, it was considered that setbacks, etc., should conform to what is substantially a com. mercial use rather than R-3 development. It was moved by Member Guyer and seconded by Member Sparling that the application be approved and a reduction in setback be permitted along Fourth Avenue from 25 feet to zero for the purpose of constructing a sign, with the condition that the sign not exceed a maximum 90 3nhe� in height and be designed as shavm on plot plan submitted, Further, that the action be based on the following findings of fact: 1, The property is being developed with a commercial use under a conditional use permit* 2. A large setback is not normally required in a commercial zone; therefore, if the variance is not granted, the applicant will be deprived of use of his property, 3. The variance will not be materially detrimental to the improvements in the district based on the fact that the intended use is compatible with the area* SUBDIVISIONS 1 Robinhood No. 6 a- Final Map Planning Director Fretz submitted a layout of the units of Robinhood No, 5 Tentative � 4 Map and explained why the staff recommends that streets on the boundaries of the units be improved full width rather than as half streets. City Attorney Kugler stated that in studying the subdivision laws' he believes that the city is justified in requiring full width streets rather than half streets as each unit is required to be an independent development. Mr. Casey stated that he doesn't have sufficient fill dirt to complete the half street on the southerly boundary of Unit No, 6, It was moved by Member Sparling, seconded by Member Guyer and unanimously carried that the final map of Robinhood No, 6 be approved and recommended to the City Council with the following conditions: 1. Nena Street be improved to a full width to include the curb on the south side. 2. ItLn Street and Nacion Street be .improved to full width within this unit® 3. Street names to be approved by the Planning Director: 4, All conditions of the tentative map be complied with: Judson Estates No. 3 «. Final Map The final map of Judson Estates No. 3 was submitted and reviewed by Planning Director Fretz. It was moved by Member Guyer, seconded by Member Weakland and unanimously carried that the final map of Judson Estates No. 3 be approved and recommended to the City Council' the conditions of the tentative map having been complied with. Hilltop Estates a Tentative Map Planning Director Fretz submitted the tentative map of Hilltop Estates and explained a plan for realignment of interior streets. He stated that the map had been coordinated with Dalseth Hills No. 3 so that proper access was provided to Millan Street, It was moved by Member Sparling' seconded by Member Harmstead and unanimously carried that the tentative map of Hilltop Estates be approved and recommended to the City Council subject to the following conditions: 1® That 1 foot lots be dedicated on the south end of the easterly-most street and along the centerline of "J" Streets 2. That the cul-de"sacs have a 50 foot property line radius' as required by ordinance. 3, That street names be approved by the Planning Director, SETBACKS PUBLIC HEARING ." Rear Yard Requirements in Commercial Zones ' Planning Director Fretz reviewed the proposed amendment to the Zoning Ordinance eliminating requirements in certain instances for rear yard setback in commercial areas. He reported recommendations from the Building Inspector and Fire Marshal that the setback either remain 15 feet or be changed to zero. The Commission discussed the application of this recommendation as opposed to that advertised for hearinge It was moved by Member Sparling that the hearing be continued to the March 7th meeting. :, 5y In view of City Attorney Kugler's statement that the hearing must be readvertised, if the proposed amendment is changed, Member Sparling withdrew his motion, It was. moved by Member Sparling, seconded by Member Guyer and unanimously carried that a public hearing be called for March 7, 1960, for consideration of an amendment to the requirements for rear yard setbacks in commercial zones as discussed. MISCELLANEOUS Request for Vacation of Portion of Telegraph Canyon Road Planning Director Fretz submitted the tentative map of Robinhood No, 5, showing a portion of Telegraph Canyon Road which Mr. Robert Casey has requested the City to vacate. He explained the proposed street pattern in the area and the probable location of Highway 241 and the cloverleaf with "L" Street. Member Harmstead asked whether the state would later have to purchase some-of this right.-ofo-way for the freeway. Planning Director Fretz stated he was not sure at this time. It was moved by Member Guyer, seconded by Member Sparling and carried that the Planning Commission recommend to the City Council that the southerly 50 feet of that portion of Telegraph Canyon Road, as shown on the tentative map of Robinhood No. 5, be vacated. Member Harmstead voted "not'. Precise C-2 Zoning - Borgerding Annexation Planning Director Fretz submitted a map of the Borgerding Annexation showing zoning of adjacent areas. RESOLUTION NO. g Resolution of the Planning Commission to Call a Public Hearing to Consider Precise C-2 Zoning for the Borgerding Annexation Offered by Member Harmstead, passed, adopted and approved by the following vote, to wits AYES: Members Ha.rmstead, Adams, Guyer, Sparling, Weakland and Stewart NOES: none ABSENT: Member Stevenson COT01UNICATIONS Mr, Gene McMillin appeared and explained to the Commission that the City had caused discontinuation of gas and electric service to his property at 97 "D" Street. Planning Director Fretz-reviewed the matter, stating that Mr. McMillin had been granted a var.. fiance to construct a house on property to be served via an easement to t'D" Street with the condition that the easement be surfaced. He stated that the house had been con,• strutted, but the easement to I'D" not surfaced, therefore, the City had requested discontinuation of the gas and electric service. Mr. McMillin stated that he had been unable to make improvements required because the owner would not grant him easement across the property and the question as to whether the public has gained pre-emptory rights to the easement has not been settled, The Planning Commission stated that the terms of the variance were not complied with; ' therefore, they are unable to offer anything other than advise that the status of the • easement be determined by due process of law. - 6 � r Planning Director Fretz introduced Jerry Brown., the new Assistant Planner and the Commission welcomed him. ADJOURNMENT It was moved by Member Sparling, seconded by Member Guyer and unanimously carried that the meeting adjourn' sine die. Respectfully submitted,, � i� Audrey S nehouse Secret J