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HomeMy WebLinkAbout1961-05-15 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA May 15 , 1961 ----An djourned 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, Comstock, Weakland, Stewart and Adams. Absent: Members Guyer and Harmstead. Also present: Director of Planning Fretz, City Attorney Duberg and Attor- ney Boyer. 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 Planning Commission for the adjourned meeting of May 15 ,\ 1.961 . APPROVAL OF MINUTES It was moved by Member Stevenson, seconded by Member Weakland and unanimously carried that the minutes of the meeting of May 1 , 1961 , be approved, copies having been mailed to each member. REZONING PUBLIC HEARING - Southwest Corner Third and "L" - R-1 to C-2 and Reduction in Building Line from 25 Feet to 0 - J. D. Peters The application was read requesting that the property on the southwest corner of Third Avenue and "L" Street be rezoned from R-1 to C-2 and that the building line be changed from 25 feet to. 0 along both "L" Street and Third Avenue. Planning Director Fretz submitted a plot plan of the property. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. J. D. Peters stated that they have a lease pending now for this property and 76 feet additional frontage on Third Avenue in the County, for a service station. He stated that the land to the north is zoned C-2 and the County area to the south is zoned C-1 , which will permit service stations. He stated that the development will improve the appearance of the corner. Member Adams stated that without the county parcel , the property is too small to develop commercially and he wonders how firm the proposal is to lease the County property. Chairman Stewart stated that with C-1 zoning and a conditional use permit for a service station, these items could be covered by conditions. Member Adams stated that if the City rezoned the land to C-1 and the attempt to lease the County property failed , an.y C-1 use could be put on the small parcel . Mr. Art Schuller, real estate broker, stated that a major oil company is sure of the lease on the property and it is just a matter of the wording of the lease. The Commission discussed problems that may arise from the property being both in the County and the City - sewer connection, taxes , etc. Planning Director Fretz stated the site under consideration is too small for use and if it is rezoned there are sure to be many traffic problems and that he believes the application is premature. He stated we should have the lease signed, assuring a larger site for develop- ment and assurance that the portion of the lot in the County will be annexed. He stated that the splitting of the property with a portion in the City and a portion in the County will create many problems. It was moved by Member Adams, seconded by Member Comstock and unanimously carried that the hearing be continued to June 5th. PUBLIC HEARING - Oxford and Nolan - Lutheran Church Upon written request from the applicant, the matter was continued to June 5th, 1961 . PUBLIC HEARING - Northeast Corner Fifth and ''E" - Pilgrim Lutheran Church The application was read requesting a conditional use permit to allow construction of a building to be used for educational purposes on the existing church site at Fifth and ''E" Streets. A plot plan was submitted showing location of existing buildings , proposed con- struction and off-street parking to be provided for the new building. It was moved by Member Weakland, seconded by Member Adams and unanimously carried that because of the relationship of item 4a on the agenda to the application for conditional use permit - avariance for setback reduction for construction of the building - both items be considered simultaneously. PUBLIC HEARING - Northeast Corner Fifth and ''E" - Pilgrim Lutheran Church - Conditional Use Permit and Variance for Reduction in Setback This being the time and place as advertised, Chairman Stewart opened the hearing on both applications - conditional use permit and variance for setback reduction. Member Adams suggested that the comments on the applications be kept separate. Chairman Stewart asked for comments on the application for conditional use permit. Protests were heard to the use of the property for school purposes from Mrs. Loretta Cootware 1,68 Fifth Avenue and Mrs. Clarice Thayer, because- of the increase in traffic, nos&e and parking problems. Mr. J. W. Wallace, 175 Fifth, property owner to the north, stated that he believes the church could locate the proposed buildings in a way not as detrimental to his property, and that the church should show more consideration for' the neighbors and tha r problems. He stated that the parking provided for church members on Brightwood is not used. Mr. Myron Dalseth, 114 Guava, Chairman of the Building Committee, stated that the church does provide off-street parking and they cannot do much about the members parking on the street. He stated that proposed construction will relieve the parking pr6blem somewhat be- cause there will be no entrance to the church on Fifth Avenue. Mr. Dalseth stated that it is hoped the new building will be used as a day-school , but for the present time it will be used only as a Sunday school . Mr. Frank Rosen, 170 East El Capitan, stated that there is a parking problem on Sundays , but the proposed construction will not increase traffic. There being no further comment, Chair- man Stewart closed that portion of the hearing concerning the conditional use permit. Member Stevenson asked the Planning Director what his recommendation would be with regard to the conditional use permit. Mr. Fretz stated that the staff feels it is a logical expan- sion of the church operation. It was moved by Member Adams and seconded by Member Weakland that the Planning Commission recommend to City Council approval of a conditional use permit to allow construction of a building to be used for educational purposes on the church property on the northeast corner 2 - of Fifth Avenue and "E" Street and that action be based on the following findings: ' 1 . The granting of the permit will not entail any of the nuisances that are enumerates in the ordinance - emission of smoke, dust, odor, vibration, contamination or danger of explosion. 2. The characteristics of the use are reasonably compatible with the uses in the neighborhood. There is an existing church and both churches and schools are permitted R-1 uses. 3. It is not considered that the increase in traffic occasioned by construction of the school building will be more than is reasonable. Setback Variance Chairman Stewart opened the portion of the hearing dealing with the variance. The applica- tion was read requesting reduction in rear yard setback from 15 to 10 feet and a reduction in setback along Fifth Avenue from 30 feet to 3 feet, 4 inches , for the purpose of con- structing the proposed building. i Mr. Dalseth stated that there is an existing building 5 feet from the north property line, that would be removed, and with a setback reduction, the new building will be actually 5 feet further from the next residence. He stated that as far as the setback on Fifth Avenue, they want to attach the new building to the existing one, following the same building line, so that it will give a more harmonious appearance.. ' Mr. J. W. Wallace, 175 Fifth Avenue, protested the setback reduction,_ stating that his property, adjacent on the north, will be adversely affected by this extreme reduction in setback along, Fifth Avenue and along the north property,. line. Mr. Wallace stated that he believes the church property is adequate in size for the proposed construction without the setback reduction, and that he believes the church wants to establish "outward" boundaries. Further, comment was heard from Mr. J. Stewart, 161 Fifth Avenue, about the extreme setback reduction on Fifth Avenue. Miss Clarice Thayer, 171 Fifth Avenue, stated that in planning construction of rental units on herproperty she had been refused permission to use the front yard setback even for parking automobiles and that if she -should have to adhere to the set- back, the church should also. She stated that a building 3 feet from the property line would create a traffic hazard. There being no further commient, hearing was closed. Member Stevenson stated that it should be remembered that the rear yard for the church pro- perty is actually at the side of the house abutting the property on the north. Member Adams stated that he does not believe there are exceptional circumstances to justify a rear yard setback reduction. He stated that while the Commission has justified reduction of setbacks for corner lots on the basis that the lot area taken up by setbacks is excessive, he doesn't believe thesetback along Fifth Avenue should be reduced to 32 feet. -)�-Planning Director Fretz asked Mr. Dalseth what affect a 30-foot setback along Fifth Avenue would have on the building, other than aesthetically. Mr. Dalseth stated that it would block the entrance to the parish hall so that it would be an almost imppossible situation. He stated that they might be able to get along with a 10 or 15 foot setback rather than 32 fee Planning Director Fretz questioned whether the architect tried to work within the ordinance requirements when designing the building. Member Stevenson stated that 321 feet is too small a setback on Fifth and 30 feet perhaps too much, but that 10 or 15 feet may be proper. Member Comstock stated that light and air are affected here because of a two-story building. and that 32 feet from the Fifth Avenue property line will affect traffic. Member Stevenson stated he agrees With Mr. Fretz's statement that applicants should try to - 3 - work within the provisions of the Zoning Ordinance.- He stated that perhaps the request should be denied and if the applicants are unable .to design the structure, observing all setbacks, submit a new request for the very maximum setback they can observe. Member Adams agreed on this approach. Chairman Stewart stated that the existing building, 5 feet from north property line, could possibly be considered as exceptional circumstances to justify the variance. Member Ste- venson and Adams agreed that they should also attempt to observe the rear yard setback and Member Adams stated that he didn 't feel the 5 foot reduction would be too objectionable if a hardship applying to the property itself could be shown. Member Weakland .asked whether it would be in order to continue the hearing to give the appli- cants an opportunity to redesign the development in an effort to observe required setbacks. Chairman Stewart rescinded the order closing the public hearing on the variance and continued the matter to the June 5th meeting. Chairman Stewart asked for a roll-call vote on the motion made by Member Adams recommending approval of the conditional use permit to allow construction of an educational building on the church site. The motion carried by the following vote, to-wit: AYES: Members: Adams , Stevenson, Comstock, Weakland and Stewart NOES: none ABSENT: Members: Harmstead and Guyer PUBLIC HEARING - 25 Naples Street - Harbaugh & Gibbs - Reduction in setback The application was read requesting reduction in. side yard setback from 5 feet to 0 to allow construction of a store building between the Mayfair Market and drugstore on the shopping center property at Hilltop and Naples Street. A plot plan was submitted. A letter was read from E. J. Grady, Chief Building Inspector, calling attention to the fact that the following conditions place on the original variance had not been complied with - planting of trees ;,n the parkway and enclosed storage areas for trash. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Williar Gibbs , owner, stated that the variance for setback reduction had been granted previously, but the time had expired. He stated that he and Dr. Harbaugh had purchased the property after the original variance was granted, and were unaware of the conditions mentirn ed , but that they would comply with these requirements on theportion of the shopping center property they own. There being no further comment, the hearing was closed. It was moved by Member Stevenson and seconded by Member Adams that the request by Dr. Harbaugl and William Gibbs for reduction in side yard setback from 5 feet to 0 be granted subject to the following conditions: 1 . That planting of trees within the parkway be accomplished as requested by the Planning Commission at the time of the original variance, and that these treesbe watered. regularly and maintained. 2. That general maintenance be kept up and accomplished by means outlined by the Planning Commission at the time of the original variance. Further , that action be based on the following finding of fact: 1 . Without the reduction in setback, the result would be a 5 foot unusable strip of land between the two buildings. 2. The reduction in setback is consistent with other building setbacks in the area. - 4 - 3. The variance is necessary for preservation of a substantial property right, as the area is developed with similar buildings. The motion carried by the following vote, to-wit: AYES: Members: Stevenson, Comstock, Weakland, Stewart and Adams NOES: none ABSENT: Members: Harmstead and Guyer v PUBLIC HEARING - 345 "C" Street - Traile Rancho Corp. - Reduction in Setback The application was read requesting a reduction in setback along "C" Street from 25 to 5 feet to allow construction of a sign for the trailer park, and a plot plan was submitted. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Wellington, speaking for Traile Rancho, stated that with the reduction in setback, the sign would still be 42 feet from the face of the curb. He stated that the property is' zoned C-2 and most commercially-zoned properties have a 5 foot setback. Member Adams stated that proper procedure would be to apply for a change in .building line through amendment to the Zoning Ordinance. Chairman Stewart stated that that is a long procedure, and the fact that the property is zoned commercially with a 25 foot setback, when other commercial lots have a 5 foot setback does constitute a hardship. He stated that he believes it was an oversight that the building line was not changed to 5 feet on this property previously. 1 It was moved by Member Stevenson and seconded by Member Adams that the application for re- duction in setback along "C" Street from 25 to 5 feet be granted for the purpose of con- structing a sign and that action be based on the following: 1 . The property is zoned C-2 and other commercial property has a 5 foot setback and it is the opinion of the Commission that 5 foot setbacks are proper for commercial zones. 2. The granting of the variance is necessary for preservation of a sub- stantial property right. 3. The variance will not be materially detrimental to adjacent property be- cause the property is zoned commercially. The motion failed to carry by the following vote, to-wit: AYES: Members: Stevenson, Stewart and Adams NOES: Members: Comstock and Weakland ABSENT: Members Harmstead and Guyer PUBLIC HEARING - North Side Telegraph Canyon Road - Lot 333 , Robinhood #7 - Commercial Use in R-3 Zone - Robinhood Homes , Inc. The application was read requesting permission to allow commercial development of the triang,T,: ular-shaped lot on the north side of Telegraph Canyon Road at "L" Street, as shown on the plot plan submitted. Planning Director Fretz explained that the triangular-shaped lot was a result of realignment - 5 - Telegraph Canyon Road during the design of Robinhood #5 and that the Planning Commission had recommended the vacation of the south half of old Telegraph Canyon Road at that time. He stated that the City Council had not approved the vacation, upon recommendation of the City Attorney, because the subdivision map including the new alignment had not been filed. He stated that this map has now been approved and for that reason Mr. Ca-sey had inc-Luded the portion proposed for vacation, in his plot plan for commercial development of Lot 333. Chairman Stewart stated he believes the right-of-way should not be vacated until the new alignment is useable by traffic. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. RobertCasey, applicant, spoke concerning the use of the triangular-shaped lot for com mercial purposes, the excessive cost of public improvements for the 600 .feet of frontage and the number of lots lost from the subdivision as a result of the alignment of Telegraph Canyon Road. He stated that he had no intention of a shopping area in the subdivision when it was planned , but doesn 't believe there is any other use for this lot. He stated the land is in escrow and if the variance is granted, improvement of the property will start immediately. Mr. Martin Zigman, representing Speedee Mart, the purchaser , gave the advantages of the neighborhood centers and stated why they feel this triangular-shaped lot would be a desirable center. He stated that it isfelt the small neighborhood shopping centers a�.:e better for traffic reasons and that their effectiveness is not lost even when located near a larger , center. Mr. Zigman stated that he understands the larger center proposed by the Hale Company just east of this site will not go in for several years or until there are a sufficient num- ber of people living in the area, and in the meantime, Hilltop and Naples is the nearest shopping area for those people presently living in this area. There being no further comment, the hearing was closed. Planning Director Fretz stated the matter of commercial zoning for this property has been denied twice and questioned whether it was necessary to re-state the staff's position, but that if the Commission desired it, he would be glad to go over it again. Chairman Stewart stated that the Halecrest shopping area was designed for a shopping center, with control of traffic entering and leaving Telegraph Canyon Road. Member Comstock stated that the land to the north is rugged and residential development will be considerably higher than this site and that the lots on the south side of Telegraph Can- yon Road are zoned R-3. He stated that he believes the topography on the north and the R-3 zoning on the south will act as buffers between R-1 use and the proposed commercial center. Member Stevenson, questioned whether there are any uses permitted in the R-3 zone with a conditional use permit that would be suitable for this lot. Member Comstock disagreed with Chairman Stewart 's statement that the lot would be good for a professional office building. Planning Director Fretz stated that the map of Halecrest Subdivision came in with commercial strip zoning 200 feet deep and nearly 3000 feet of frontage on Telegraph Canyon Road. It was requested that this be redesigned in such a manner as to confine the commercial zoning. Member Comstock asked how the staff feels this property should be developed. Planning Directo Fretz stated that even though it might be from a long-range standpoint, he believes the land should be zoned R-3 and developed with a conditional use permit. Member Adams stated he agrees with the Planning Director and Chairman Stewart as far as the commercial zoning. He stated that this is an important consideration for the Planning Com- mission because it will set a precedent for commercial zoning along the freeway and for land west of this site on Telegraph Canyon Road. - 6 - Member Comstock stated that he believesthere are exceptional circumstances - the odd shape of the lot, size and cost of improvements - and that the land is buffered by an R-3 zone on the south and topography on the north, just as much as is Halecrest. Member Weakland stated that he, objects to holding commercial zrn ing,. down to large areas because the small man cannot afford to go into a larger shopping center. Mr. Casey stated that the shape of the lot does constitute exceptional circumstances and he did not design the subdivision 'to get that lot, it was created as a result of the City's request that Telegraph Canyon Road be realigned. It was moved by Member Comstock and seconded by Member Stevenson that the variance for commercial development of Lot 333 , Robinhood #7 subdivision, as shown on plot plan, be approved with the following conditions: 1 . That development be limited to small market, take-out restaurant, beauty parlor, laundromat, repair shop, liquor store or other similar uses, and a service station. 2. That. all operations of the center cease at 11 :00 P.M. and all flood lights , exterior signs , etc. be turned off at that time. 3. That the variance be effective upon vacation of the south half of Old Telegraph Canyon Road. Further that action be based on the following: 1 . The lot is of unusual shape and is isolated from the residential area. 2. The lot is buffered by R-3 zoning on the south side of Telegraph Canyon Road, rugged topography on the north and the proposed freeway on the east from R-1 development. 3. There will be considerable traffic in the area because of the proposed freeway. 4. Commercial development constitutes good planning practice in that it will be a self-contained operation and not strip zoning. Planning Director Fretz suggested limiting the area to be covered by buildings and the number of access points to East "L" and Telegraph Canyon Road. The Commission discussed the suggested ground coverage and whether setbacks would control this sufficiently. The motion was amended to limit the access points as suggested - 1 to East "L" Street and 2 to Telegraph Canyon Road. The motion failed to carry by the following vote, to-wit: AYES: Members: Comstock, Weakland and Stevenson NOES: Members: Stewart and Adams ABSENT: Members: Harmstead and Guyer SUBDIVISIONS View Hill - Final Map Planning Director Fretz submitted the final map of ViewHill and read the recommendation from the Engineering Department. _ 7 _ Mr. Fretz pointed out that at the present timethere isn't an improved road leading to the subdivision. He said Floyd Avenue is dedicated and a bond has been posted by the Hale Company for its improvement, but a section still remains unimproved. He recommended that approval be`-based upon this section of the road being improved. Mr. Frank Whittington, subdivider, objected to tieing in the improvement of Floyd Avenue with his final map. It was moved by Member Stevenson, seconded by Member Comstock and unanimoLs ly carried that the final map of View Hill be approved and recommended to City Council subject to the follow- ing conditions: 1 . That the City Council exercise the bond posted by the Hale Company for improve- ment of Floyd Avenue from its existing improvement north to "J" Street. 2. Subject to payment of fees and Telegraph Canyon sewer connection charges. MISCELLANEOUS A letter was read requesting an extension of time on the variance granted to Drs. Oberschulte Tam and Kemler for setback reduction for construction of a dental clinic on the northeast corner of Del Mar and "F". It was moved by Member Adams , seconded by Member Stevenson and unanimously carried that the time on the variance be extended for six months from present expiration date - variance now to expire on November 21 , 1,961 . Request for Approval of Equipment for Home Occupation - Gyroducing Establishment - 109 "E" A letter was read from Mrs. Virginia Loria requesting approval of vibration equipment to be used in a home occupation - gyroducing establishment. Mrs. Lorin stated that the equipment will not cause interference with television reception in the area and that this same equipment is offered for sale for use in homes , the same as home appliances. RESOLUTION NO. 210 - Approving Vibration Equipment for Use in Home Occupation Offered by Member Adams, passed, adopted and approved, by the following vote, to-wit: AYES: Members: Adams , Stevenson, Comstock, Weakland and Stewart NOES: none ABSENT: Members: Harmstead and Guyer San Diego County Planning Congress Planning Director Fretz explained that the Spring Meeting of the San Diego County Planning Congress will be held at 12:00 noon on Monday, May 29, 1961 and stated that reservations must be in by May23 , 1961 . ADJOURNMENT It was moved by Member Weakland, seconded by Member Comstock and unanimously carried that the meeting adjourn, sine die. Respectfully submitted, Audrey Stnehouse, Secretary