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HomeMy WebLinkAbout1961-07-10 PC MINS MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA July 10, 1961 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, Weakland, Stewart, Adams and Guyer. Absent: Member Harmstead. Also present: Director of Planning Fretz and City Attorney Duberg. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN Chairman Stewart explained that the City Charter requires commissions to reorganize the first meeting of each fiscal year by electing a chairman and vice-chairman. Member Adams nominated Member Stewart as Chairman and Member Guyer seconded the motion. Member Comstock moved that nominations be closed and that a unanimous vote be cast for Member Stewart as Chairman. Member Weakland seconded the motion and it carried. . Member Guyer nominated Member Stevenson as Vice-Chairman and Member Comstock seconded the motion. . Member Adams moved that the nominations be closed and the secretary cast a unanimous ballot for Member Stevenson as Vice-Chairman. The motion carried unan- imously. APPROVAL OF MINUTES It was moved by Member Stevenson, seconded by Member Weakland and unanimously carried that the minutes of the meeting of June 5 , 1961 be approved, copies having been mailed to each member. REZONING PUBLIC HEARING (cont.) - J. D. Peters - Southwest Corner Third Avenue and "L" Street - R-1 to C-2 and Change in Building Line from 25 feet to zero Chairman Stewart stated that Mr. Peters had requested the hearing to be continued. It was moved by Member Guyer, seconded by Member Weakland and unanimously carried that the hearing be continued to August 7, 1961 . PUBLIC HEARING - Thomas Nerat - 455 Smith Avenue - R-2 to R-3 The application was read requesting rezoning of property at 455 Smith Avenue from R-2 to R-3 to allow add.1tional dwelling units to be constructed on the property. A plot plan was submitted. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Nerat stated that the undeveloped portion of his property is 130 ft. x 94 ft. and he would like to build three more units on the property. Member Guyer asked about access to the proposed units and Mr. Nerat explained that he has a 20 foot surfaced driveway back to that portion from Smith Avenue, and that he will provide a carport for each unit. There being no further comment, the hearing was closed. Member Adams stated he believes this would be spot zoning and that he doesn 't believe it is good practice to permit overcrowding land-locked properties. Member Comstock agreed that even though there is a problem, rezoning would create an undesirable situation as well as constitute spot zoning. It was moved by Member Guyer and seconded by Member Weakland that the request for rezoning from R-2 to R-3 of the property at 455 Smith Avenue be denied because it does not constitute good zoning practice in that it would be spot zoning and would set an undesirable precedent. The Commission generally agreed that the parcel of land has exceptional circumstances and Chairman Stewart suggested that the applicant contact the staff in reference to a zone variance for a duplex on the rear portion of the lot. The motion carried by the following vote, to-wit: AYES: Members Weakland, Stewart, Adams, Guyer, Stevenson and Comstock NOES: none ABSENT: Member Harmstead PUBLIC HEARING - Ralph Paxton, Sr. , Ralph Paxton, Jr. , Clyde Paxton - 590-592-594 "D" St. R-3 to C-2 The application was read requesting rezoning from R-3 to C-2 of the entire depth of the applicant 's property at the southeast corner of Broadway and "D" Streets. A plot plan showing existing zoning and the proposed development in the area was shown. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Keith Atherton, speaking for the applicants, stated that the 90 foot depth of commercial zoning is not adequate and the proposal is to extend the zoning to 220 feet. Mr. Zoltan Komlos, 580 "D" Street, protested the rezoning, stating that the noise - particularly that of the compressor to be used on the market - would be detrimental to his apartment units adjacent on the east. Mr. Westerfield, representing Dorothea Hubsch, 570 "D" Street, protested the rezoning on the basis of increase in noise and traffic. A petition was submitted, signed by seven property owners, pro- testing the application. I.,t was noted that the City has an anti-:noise ordinance. Mr. Ralph Paxton, Jr. stated that they had owned the property for 25 years and he doesn't believe it has ever been a nuisance in the area. He stated that he doesn't want to down-grade the area with the proposed development. There being no further comment, the hearing was closed. Member Stevenson questioned whether the commercial zone should be deepened for this property without including the rest of the property in that block having a 90 foot commercial depth. The Planning Director stated that the staff could study the matter if the Commission desires and Chairman Stewart stated that he believes it should wait for _the master plan study. Member Adams asked whether the area to be rezoned is all being used for business under a variance and stated that he favors the rezoning because it conforms to what has been done in other places. Planning Director Fretz stated that if the Commission favors the rezoning, the "P" classification should be combined with the C-2. 2 - RESOLUTION NO. 213 - Recommending to City Council Change of Zone from R-3 to C-2Pr`for Property at 590, 592 and 594 "D" Street Offered by Member Adams, passed, adopted and approved by the following vote, to-wit: AYES: Members Adams, Guyer, Stevenson, Weakland, Stewart and Comstock NOES: none ABSENT: Member Harmstead PUBLIC HEARING - Eleanor H. Farrel - 381 and 395 "D" Street - R-1 to R-3 The application was read requesting change of zone from R-1 to R-3 of the property .at 381 and 395 "D" Street. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Edgar Culnan, speaking for the applicant, stated that only a limited portion of the property can be served by sewer from"D" Street because of the topography. He added that the rear of the property is land-locked and because of its depth and width an R-1 subdivision would be impractical . Protests were heard from John Callahan, 82 Glover Court; Claude Yates, 60 Glover Court; James Curran, 70 Glover Court; Harry Irion, 59 Glover Court; Graydon Stout, 62 Glover Court; Lawrence Jones , 92 Glover Court; K. Anderson, 89 Glover Court; Phillip Coates, 88 Glover Court. Their protests were that R-3 development, with the possibility of two- stories 5 feet from their rear property line, would be detrimental to their property values. There being no further comment, the hearing was closed. Chairman Stewart asked the Planning Director to explain- the development aspects of the property as it is now zoned. Planning Director Fretz submitted a map showing adjacent land use and zoning. He stated the only way to develop the property as R-1 , would be to develop a street to the north off of "D" Street, either on the east or west property line, with lots on one side. He added that with either street location, the houses would face the rear of other residential development, which is not a desirable relationship. The Commission discussed the elevation of the property and the manner in which it could be sewered. Chairman Stewart stated that R-1 development would be less than desirable and the property lends itself to some form of multiple residential use. He stated that this is only one of many instances where there is land-locked property due to area development. Member Adams stated that he feels the rezoning fits in quite well with the area - adjoins R-3 property on Fourth Avenue. He stated that the northern portion could be developed very well with existing R-3 property. RESOLUTION - Recommending to City Council Rezoning from R-1 to R-3 Property at 381 and 395 "D" Street Offered by Member Guyer, the motion failed to carry by the following vote, to-wit: AYES: Members Guyer, Stewart and Adams NOES: Members Stevenson, Comstock and Weakland ABSENT: Member Harmstead CONDITIONAL USE PERMITS PUBLIC HEARING - M. C. and L. G. Gaar - 395 "D" Street _ 3 - The application was read requesting permission to operate a church chapel in the house located at 395 "D" Street. Planning Director Fretz submitted a plot plan showing location of the chapel and eight off-street parking spaces that could be provided. This being the time and place as advertised, Chairman Stewart opened the hearing. Reverend Myers , speaking for the applicants , stated that they feel they can obtain twelve parking spaces by removing the fence and trees along "D" Street. He stated that there is only room in the proposed chapel for 50 to 60 people and they can park on-street. It was explained that the setbacks cannot be used for parking as proposed. Reverend Myers stated that the chapel would be located here just long enough to get a congregation together and build a church. Mr. Edgar Culnan, re- presenting Mrs. Farrel , 381 "D" Street, stated they had no objection. There being no further comment, the hearing was closed. The Commission discussed the adequacy of the parking spaces, and the desirability of requiring installation of curb$,,�gutter around the property. It was moved by Member Adams and seconded by Member Stevenson that, the Planning Commission recommend to City Council that a conditional use permit be granted to M. C. and L. F. Gaar to establish a church chapel in the existing dwelling at 395 "D" Street, as shown on plot plan submitted, subject to the following conditions: 1 . That the house is not to be altered to provide any additional area for church purposes. 2. Curb and gutter shall be installed along "D" Street. 3. That all obstacles to obtain the maximum number of parking spaces be removed and the parking spaces be marked. Further, that action be based on the following findings: 1 . The characteristics of the use proposed will not involve hazard or damage or nuisance arising from smoke, odor, dust, fire, contamination or explosion. The use will not create unusual character or volume of traffic. 2. The characteristics of the use appear to be reasonably compatible with other uses in the area- - there is an existing church on the southwest corner of Fourth Avenue and "D" Street. The motion carried by the following vote, to-wit: AYES: Members Adams, Guyer, Stevenson, Comstock, Weakland and Stewart NOES: none ABSENT: Member Harmstead PUBLIC HEARING - (cont.) - Lutheran Church, Missouri Synod - Oxford and Nolan Streets Planning Director Fretz reviewed the application, stating that the church had re- quested the conditional use permit to locate the church :'.on approximately 5 acres - 4 - I f on the-"north side of Oxford Street, west of Nolan Avenue but had since purchased property to the north and had changed the building location. Mr. Dennis Wehmueller, architect, stated that the church would occupy approximately 4 acres having 265 feet frontage on Oxford, west of Monterey Avenue extended, and that the eastern portion of the church property abutting Nolan Avenue would be developed residentially. Mr. Wehmueller explained that the property would be developed in two levels. Planning Director Fretz questioned whether the plan for residential development of the eastern portion of the property would conform to existing street development, to avoid jogs in the streets and the possibility of adding more area to the eastern line of the church property to give better access to parking area. He added that the city would have control over the street location through the subdivision ordinance. There being no further comment, the hearing was closed. Member Comstock stated that he feels this permit, establishing a church between two subdivisions, is comparable to spot zoning and that even though it would present more development problems, locating the church on the corner of Nolan Avenue and Oxford Street would be more desirable for the city. Planning Director Fretz explained that the full width of Oxford Street at the corner has not been dedicated and would be difficult to obtain, and further that this would mean considerable expense to the church for public improvements. He stated that the proposal would give a back-to- back relationship of church to residential . Member Adams stated churches are per- mitted in an R-1 zone and that the Lutheran Church has apparently met all require- ments of the ordinance. Chairman Stewart stated that churches should be located in residential areas where they are available to people who use their services. It was moved by Member Stevenson and seconded by Member Weakland that the Planning Commission recommend to City Council that a conditional use permit be granted to the Southern California District of the Lutheran Church, Missouri Synod for construction of a church, as per plans submitted, on the north side of Oxford Street, west of Monterey Avenue extended. Further, that action be based on the following: 1 . The characteristics of the use do not involve danger or nuisance arising from emission of noise smoke, odor, dust, fire, contamination or explosion eat nor will the developmenf7ff6zard from volume or character of traffic any more than is experienced in other areas. 2. The use appears to be reasonably compatible with other uses permitted in the area. The motion carried by the following vote, to-wit: AYES: Members Stevenson, Weakland, Stewart, Adams and Guyer NOES: Member Comstock ABSENT: Member Harmstead PUBLIC HEARING - Community Congregational Church - 276 "F" Street The application was read requesting permission to replace and improve existing church facilities at 276 "F" Street. Planning Director Fretz submitted a plot plan of the property. He explained that letters are on file from Dr. Watrous, 229 Church Avenue; the Chula Vista Lumber Company, 285 "F" Street; Security First National Bank, 279 "F" Street and the McCausland Clinic, 275 "F" Street, authorizing the church to use their off-street parking facilities. - 5 - This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Keith Atherton, speaking for the church, explained the proposed development and stated that they would be demolishing a portion of existing building and rebuilding, with a small addition in building area. Mr. Gridell , Chairman of the Building Com- mittee, stated that they are only trying to give adequate facilities to children now using inadequate space. There being no further comment, the hearing was closed. The Commission discussed the use of parking facilities on other property. Member Comstock stated that, as has been pointed out, when the church was incorporated one acre was sufficient for their needs and that this should be kept in mind in the future when requests for churches on 1 and 2 acre sites are brought to the Commission. It was moved by Member Guyer and seconded by Member Comstock that the Planning Com- mission recommend to City Council that a conditional use permit be granted to the Community Congregational Church for construction of church facilities in accordance with plans submitted, subject to the condition that the letters authorizing use of parking facilities on other private property be made a part of the record. Further, that action be based on the following: 1 . The characteristics of the use proposed will not involve hazard or damage or nuisance arising from smoke, odor, dust, fire, contamination or explosion. The use will not occasion unusual character or volume of traffic. 2. The use appears to be compatible with other uses in the area. This permit involves only improvement of existing facilities, with a minor addition in building area. There are many commercial uses in the immediate area. The motion carried by the following vote, to-wit: AYES: Members Guyer, Stevenson, Comstock, Weakland, Stewart and Adams NOES: none ABSENT: Member Harmstead VARIANCES PUBLIC HEARING - Ralph Paxton, Sr. , Ralph Paxton, Jr. and Clyde Paxton - 590-592-594 "D" Reduction in Setback The application was read requesting a reduction in setback along "D" Street from 25 feet to zero, in rear yard setback from 15 feet to zero, and in side yard setback from 5 feet to zero, to allow commercial development of the property. Planning Director Fretz submitted a plot plan of the property. This being the time and place a,s advertised, Chairman Stewart opened the hearing. Mr. Keith Atherton, representing the applicant, spoke favoring the variance. Mr. Zoltan Komlos , 580 "D" Street, protested the reduction in setback and use of the property because of the noise that would affect his apartment units on adjoining property. The Commission discussed setbacks , noting that setbacks in some commercial areas were recently changed to five feet, and the possible effect a zero setback - 6 - would have on Mr. Komlos ' property. Planning Director Fretz pointed out that when Mr. Komlos developed his property, this property was zoned R-3 and had a 20 foot setback. If the property is now rezoned and the setback reduced to zero, he feels it would adversely affect the R-3 property. He pointed out that many ordinances require an increase in the setback of commercialproperty when it abuts residentially zoned property. Mr. Paxton stated that if the market building must observe a 5 foot setback, the compressor on the building will be that much closer to Mr. Komlos ' property. Chairman Stewart stated that he agrees with the Planning Director that the residential property next to commercial should be given some consideration. Member Adams stated 'he sees no objection to reducing the rear and side yard setbacks, but feels the property owner to the east is entitled to some consideration. Mr. Komlos objected again to the noise from the compressor and asked that the Commission visit the "F" Street store so that they will know justhow noisy it is. Member Comstock stated that he believes 5 foot setbacks should be maintained in commercial zones. It was moved by Member Comstock and seconded by Member Stevenson that a variance be ;,ire, granted to Ralph Paxton, Sr. , Ralph Paxton, Jr. and Clyde Paxton for reduction in setback along the east, south and west property lines to zero and a reduction in setback along "D" Street from 20 to 5 feet. Further, that action be based on the following". 1 . The property is located at the intersection of two major streets, and large setbacks are not appropriate for commercial properties. 2. The variance is necessary for preservation of a substantial property right of the applicant to allow full utilization of commercial property. The motion carried by the following vote, to-wit: AYES: Members Comstock, Weakland, Stewart', Adams, Guyer and Stevenson NOES: none ABSENT: Member Harmstead PUBLIC HEARING - Thriftimart, Inc. - Third Avenue, South of "K" Street - M-1 Use in C-2 Zone The application was read requesting permission to construct a sign announcing the opening of a shopping area and offering stores for lease on property on the east side of Third Avenue, south of "K" Street. This being the time and place as advertised, Chairman Stewart opened the hearing, stating that subdividers enjoy the privilege of constructing signs on R-1 property announcing houses for sale. Member Adams stated that the Commission has gone along with large signs when they are a help in development of property, but this is a sign only to announce an opening. Mr. Shields, iof Jacobson Neon Sign Company, stated that all the store rooms in the development are not leased and the sign does carry the name of the leasing agency. There being no further comment, the hearing was closed. It was moved by Member Stevenson and seconded by Member Comstock that the request of Thriftimart, Inc. to install a sign on the east side of Third Avenue, south of "K" Street, to announce the opening of the shopping center, be denied in that there are no exceptional circumstances. _ 7 _ The motion failed to carry by the following vote, to-wit: AYES: Members Stevenson, Comstock and Adams NOES: Members Weakland, Stewart and Guyer ABSENT: Member Harmstead City Attorney Duberg stated that assuming the vote on an affirmative motion would be the same, then it is assumed the variance would be denied. The Commission discussed the sign approved for location in Sweetwater Valley Industrial Park and the comparable circumstances. Member Weakland stated that he believes the sign constructed in Sweetwater Valley helped to sell some of the property. Planning Director Fretz stated that th-is type of sign is allowed in an R-1 zone with a conditional use permit and would be allowed also in less restricted zones, with a conditional use permit. Chairman Stewart suggested that Mr. Shields contact the staff concerning a conditional use permit application. SUBDIVISIONS Virginia Terrace - Final Map Planning Director Fretz stated that one of the conditions of the tentative map has still not been met. No action was taken. COMMUNICATIONS Appeal from Planning Commission Denial of C-2 Zoninq - South Side "H" Street, East of Fourth Avenue The report of Planning ,Commission denial of the request for change of zone from R-3 to C-2 for property on the south side of "H" Street, east of Fourth Avenue, was read. It was moved by Member Comstock, seconded by Member Guyer and unanimously carried that the report be approved as read and forwarded to City Council . Request for Extension of Time on Variance - George Kenworthy - 276 "K" Street A letter was read from Mr. George Kenworthy requesting an extension of time on the variance granted to allow maintenance of a flower stand on his property at 276 "K" Street. It was moved by Member Guyer, seconded by Member !Adams and unanimously carried that the variance be extended for one year, to expire on .August 2, 1962. MISCELLANEOUS San Diego County Planning Congress Report The Commission directed that the matter be placed on the agenda for the next meeting. Second Meeting in July Planning Director Fretz explained that in order to get back to regularly-scheduled - 8 - r meeting dates , the Commission should meet on the 17th of July rather than wait two weeks. He stated that there are several items for the agenda. It was moved by Member--,GrUyer, seconded by Member Stevenson and unanimously carried that -the adjourned regular meeting be on July 17, 1961 . ADJOURNMENT It was moved by Member Comstock, seconded by Member Guyer and unanimously carried that the meeting adjourn sine die. Respectfully submitted, Audrey S onehouse Secretary