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HomeMy WebLinkAbout1961-06-05 PC MINS MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA June 5, 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, Harmstead, Adams and Guyer: Absent: none. Also present: Director of Planning Fretz and City Attorney Duberg. APPROVAL OF MINUTES It was moved by Member Harmstead, seconded by Member Weakland and unanimously carried that the minutes of the meeting of May 15, 1961 be approved, copies having been mailed to each member. REZONING PUBLIC HEARING - Dora M. Black, et al - South Side of "E" Street, from C-1 Zone at Fourth Avenue, West to Fig Avenue - R-1 to R-3 The application was read requesting rezoning from R-1 to R-3 of property on the south side of "E" Street, from the existing commercial zone at Fourth Avenue, west to Fig Avenue. Planning Director Fretz submitted a map showing existing zoning and land use of the area. This being the time and place as advertised, Chairman Stewart opened the hearing. Mrs. Dora Black, 440 "E" Street; C. L. Wurster, southeast corner of Fig and "E"; George Harvey, 497 Flower, spoke favoring the rezoning. Their comments were - the property value of homes on "E" Street was seriously affected when the street was widened; the property is no longer desirable for R-1 use; rezoning to R-3 would be a step in the direction of commercializing "E" Street which has long been needed; the north side of "E" Street is already zoned R-3. Protests were heard from Alice Parkins , 183 Brightwood and William Ramage, 214 Fig Avenue, representing eight property owners on Guava Avenue. They stated that there is not room for adequate off-street parking on these lots and that "E" Street was widened to carry traffic, not for parking; the area is developed R-1 and this rezoning, would set a precedent; a previous report to the City by a planning consultant was that there is sufficient commercial zoning in the area and such rezoning would con- stitute strip zoning. There being no further comment, the hearing was closed. Member Adams asked whether there were any indications of what use the property would be put to if rezoned. Mrs. Black stated she would ask a conditional use permit for a real estate office and that she has sufficient area for parking of six cars in her yard. She stated that clients should be able to park in the street just as they can in the commercial zone on "E" Street. Mr. Wurster stated that he has no definite plans but would ultimately like to develop the property with apartment units. Chairman Stewart stated that he feels it would be safe to assume most of the property owners desire a conditional-use-permit development. He added that the area is a better-than-average residential development. Member Comstock asked whether "E" Street will continue to be used as a major connection between Highway 101 and the proposed Route 241? Planning Director Fretz stated that the City Council is considering plans for improvement of "E" Street down to Bonita Road and in the immediate future we can expect increased traffic on "E" Street. He stated that the only relief for "E" Street will be when Route 280 up Sweetwater Valley is constructed but that this is at least eight to ten years away. The Commission discussed possible use of the lots if rezoned to R-3. Chairman Stewart stated that he doesn 't believe the rezoning is- to the public interest and he doesn't think we need any more R-3 zoning. It was .moved by Member Stevenson and seconded by Member Guyer that the request of Dora Black, et al , for rezoning the south side of "E" Street, west of Fourth Avenue, from R-1 to R-3 , be denied because it is poor zoning practice in that it- would constitute strip zoning and would be the entering wedge for commercialization of "E" Street. The motion carried by the following vote, to-wit: AYES: Members Stevenson, Comstock, Weakland, Stewart, Harmstead, Adams and Guyer NOES: none ABSENT: none (7:40 P.M.) PUBLIC HEARING - J. D. McKinney, William Britton, Damon Handley, et al - South Side of "H" Street, from alley east of Glover, west to Fourth Avenue - R-3 to C-2 and Change in Building Line from 30 and 20 feet to 10 feet. The application was read requesting rezoning of the property from R-3 to C-2 and change in building line from 30 and 20 feet to 10 feet. Planning Director Fretz submitted a plot plan showing property cuts and adjacent zoning and land use.. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Bill Meyer, representative of Shel.l Oil Company, submitted brochures to the Commission, showing the existing land use in the area and proposed development of the property on the southeast corner of Fourth Avenue and "H" Street. Mr. Bill Grouse, with the Lee Mather Realty Company, spoke favoring the change of zone. Mr. Harry Schnepf, owner of two lots at the southeast corner of Glover Avenue and "H" Street, stated that the value in the property is in the land,' not the existing older building, and that the land 's highest and best use would be for commercial development. Mr. Jack Hillier, 385 "H" Street, protested the zone change, stating that many of the arguments applying to rezoning of "E" Street apply here - that it would be strip zoning. Mrs. Josephine Carrenti , owner of 28 units on the north side of "H" Street, protested the rezoning as being detrimental to use of her property, which is zoned R-3, for rental units. There being no further comment, the hearing was closed. Member Comstock asked whether much researching had been done before Shell Oil decided on this corner. . Mr. Myer stated that considerable information had been 2 - gathered and they believed the potential of this corner was great, being on two major streets and being on the "going home side" of "H" Street with no service stations on "H" Street other than at Third Avenue. Planning Director Fretz stated that the advantages of a corner lot location for a service station are recognized, but as far as need, we have a considerable amount of commercial property in conjunction with the Mayfair Market that is vacant. Chairman Stewart stated the conditions almost parallel those between Smith and Fifth Avenue on the north side of "H" Street which was denied commercial zoning and this is just another attempt to extend the strip zoning down "H" Street. It was moved by Member Guyer and seconded by Member Stevenson that the application for change of zone from R-3 to C-2 of the south side of "H" Street, from the alley east of Glover Avenue, west to Fourth Avenue, be denied because there is sufficient commercial zoning in the area and because it would constitute strip zoning. The motion carried by the following vote, to-wit: AYES: Members Guyer, Stevenson, Comstock, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: none PUBLIC HEARING - J. D. Peters - Southwest Corner of Third Avenue and "L" Street - R-1 to C-2 and Change in Building Line from 25 Feet to Zero. Chairman Stewart stated that the matter would be continued to the next meeting at . the request of the applicant. CONDITIONAL USE PERMITS PUBLIC HEARING - George and Alyce Harvey - 497 Flower Street - Real Estate Office The application was read requesting permission to operate a real estate office in the home at 497 Flower Street and a plot plan submitted showing location of proposed off-street parking and the existing dwelling. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Harvey stated that they had made considerable improvement to the property and were going to continue living in the house, that this would be only a "branch office". Mr. Glenn Bryant, Mrs. Dora Black and Mr. Noel Fortier, 139 Fifth Avenue, spoke favoring the application. Mr. K. W. Thomas, 164 Fifth Avenue, protested, stating that the area is strictly residential and the homes are well maintained; that any kind of business in the area will create additional traffic problems and that business should not be allowed on Flower Street after being denied on. "E" Street. Mr. James Sumrow, 141 Elder, and Mrs. Clarice Owen, 171 Fifth Avenue, protested the application. A letter was read from Mrs. William Jenkins , protesting the permit. There being no further comment, the hearing was closed. The Commission discussed the proposed parking arrangements , questioning whether parking in the setback will affect the traffic. Member Comstock asked about the need for a "branch office" in the home. He stated that work that needed to be done - 3 - at home would not require a second office, and there is nothing in the real estate regulations requiring a license in the home. Mr. Harvey stated that there is a possibility that after he gets established in his home, that he will give up his location on Third Avenue. Member Stevenson stated that the area is predominantly R-1 dwellings, even though it is zoned R-3 and he feels the area should be upgraded to give the property owners protection rather than down-graded by granting conditional use permits. It was moved by Member Harmstead and seconded by Member Adams that the Planning Commission recommend to City Council that the request for conditional use permit for a real estate office in the home at 497 Flower Street be denied for the reason that the use is not compatible with existing land use in the area. The motion carried by the following vote, to-wit: AYES: Members Harmstead, Adams , Guyer, Stevenson, Comstock, Weakland and Stewart NOES: none ABSENT: none (8:30 P.M.) PUBLIC HEARING - Lutheran Church - Oxford and Nolan Street Planning Director Fretz stated that the hearing had been continued to allow the church to negotiate for purchase of additional property which will allow a better development. There being no one present representing the church, it was moved by Member Harmstead, seconded by Member Guyer and unanimously carried that the hearing be continued to the next meeting. VARIANCES PUBLIC HEARING - Pilgrim Lutheran Church - Northeast Corner Fifth and ''E" Street - Setback Reduction Planning Director Fretz reviewed the application for reduction in setback along Fifth Avenue from 30 feet to 3 feet, 4 inches and reduction in rear yard setback from 15 to 10 feet, and stated that the matter had been continued with the request that the church determine the maximum setback they can observe along Fifth Avenue. Chairman Stewart reopened the hearing. Mr. Myron Dalseth, Chairman of the Building Committee, stated that they are required by the fire codes to leave the exit at the rear of the building clear , but that they can manage the construction with a 15 foot setback along Fifth Avenue. He submitted snapshots showing the exits at the rear of the building. The Commission discussed possibilities of moving the building, leaving the exits clear. Mr. Dalseth stated that if they set back more than 15 feet, they will lost one classroom. A letter was read from Fire Marshal William Smithey, reporting that the occupancy of the building requires exits as they now exist. Protests to the extreme setback reduction on Fifth Avenue were made by Mr. W. J. Wallace, 175 Fifth Avenue; Mrs. Loretta Jenkins , 168 Fifth Avenue and Mr. Jimmy Stewart, 161 Fifth Avenue. - 4 - Mr. W. J. Wallace stated that if a variance is to be granted, the neighbors feel that a 20 foot setback along Fifth Avenue would not be too detrimental . Member Adams stated that the position taken by Mr. Wallace and other neighbors is reasonable - they concede that a 20 foot setback along Fifth Avenue and a 10 foot rear yard setback will not be too detrimental - and the Commission should respect their wishes. Member Comstock agreed. Mr. Dalseth stated that this would mean they will lose enough footage that they would lose one classroom. It was moved by Member Adams and seconded by Member Guyer that the application for a reduction in setback along Fifth Avenue from 30 feet to 3 feet, 4 inches be denied and that the applicant be granted a reduction in setback along Fifth Avenue from 30 feet to 20 feet and a reduction in rear yard setback from 15 feet to 10 feet to allow construction of an educational building on the Pilgrim Lutheran Church site. Further that action be based on the following findings: 1 . With regard to the setback on Fifth Avenue - corner lots must allow for two large setbacks. With regard to the rear yard setback - the property is odd-shaped, made up of several lots , and is narrow in this area. 2. The applicants will be denied use of a large portion of their property unless the variance is granted. 3. The adjoining property owners have expressed the opinion that their properties will not be particularly damaged by a 20 foot setback on Fifth Avenue and 10 foot rear yard, therefore it appears that the variance will not be materially detrimental to adjacent development. The Commission discussed the desirability of requiring the play-yard of the proposed school to be fenced and whether or not there should be a fence between the Wallace property and the school building. It was moved by Member Adams and seconded by Member Guyer that the motion be amended to require that a six foot fence be constructed on the north property line, adjacent to the Wallace property. The motion approving the variance carried by the following vote, to-wit: AYES: Members Adams , Guyer, Stevenson, Comstock, Weakland, Stewart and Harmstead NOES: none ABSENT: none (9:30 P.M.) PUBLIC HEARING - Martin W. and Jeanne P. Hults - 217 First Avenue - Day Nursery The application was read requesting permission to operate a day nursery for pre- school children in the home at 217 First Avenue. Planning Director Fretz submitted a plot plan of the property showing the proposed play areas and other facilities for the nursery. This being the time and place as advertised, Chairman Stewart opened the hearing. Mrs. Jeanne Hults spoke favoring use of the property for a nursery, stating that she can provide some parking and that a nursery is badly needed in this area. - 5 - Protests were heard from Mr. Henry Algert, 74 "E" Street; Mr. John..Estes , 214 First Avenue; Mr. Roy Gallan, 71 Bonita Road; Mr. Alfred Wueblens, 75 Bonita Road; Mr. Thomas Dillion, 66 "E" Street; Mrs. Frances Uredenburgh, 72 Bonita Road. Their statements were that the present owner is not applying for the variance, rather a prospective purchaser, therefore it is not a hardship applying to the property. All development east of Second Avenue is very good R-1 residential and should be kept that way; the traffic on this corner is too heavy for such a use; other people will request variances for business if this one is granted. A letter was read from Mrs. Virginia Robinson, 81 Bonita Road, approving the variance. A petition.was read protesting the variance, signed by 26 property owners. Member Guyer stated that he lives in that immediate neighborhood and the traffic problem is terrific. He doesn 't think this is proper, that a nursery should be an R-3 use with a Conditional Use Permit. Chairman Stewart stated that the ordinance requires that a hardship be found applying to a property that does not apply to other properties in the area, before a variance can be granted. There being no further comment, the hearing was closed. It was moved by Member Stevenson and seconded by Member Harmstead that the appli- cation for a day nursery on property at 217 First Avenue be denied because no exceptional circumstances pertaining to the particular property were found to justify granting the request. The motion carried by the following vote, to-wit:" AYES: Members Stevenson, Comstock, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: none ABSTAIN: Member Guyer (9:40 'P.M.) PUBLIC HEARING - Trousdale Construction Company - Sweetwater Industrial Park - Billboard Sign, an M-1 Use in a C-2 Zone The application was read requesting permission to construct a billboard along Highland Avenue in the C-2 portion of the Sweetwater Valley Industrial Park and a plot plan showing proposed location of the sign, was submitted. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Gregg Anderson, representative of the Trousdale Company, stated that the sign is necessary to advertise the industrial park and that the portion zoned M-1 is too far off Highland for a billboard to be effective. He stated that the sign would be 10 x 20 '§`quare feet and .will advertise only that property in Sweetwater Industrial Park. He stated that the advertising budget is projected. for 32 years , so the sign will be temporary. It was noted that the initial sign location would be lot 28 but that the sign would be moved, as needed, to lots 26, 27, 29, 30, 31 , 32, 33 and 34. There being no further comment, the hearing was- closed. Planning Director Fretz stated that a maximum 30 foot height should be enough and - 6 - that the plot plan indicates the sign will be approximately 100 feet from Highland Avenue. Chairman Stewart stated that the Zoning Ordinance provides that land developers may have on-site signs, with a maximum 150 square feet in all the residential areas, so that perhaps the privilege should be granted to these people. Member Adams stated that some time ago a request by the Hale Company to locate large signs in a C-2 area, advertising residential subdivisions, was denied because there were no hardships pertaining to the property. He stated that a sign on C-2 property advertising industrial land is no different than one ad- vertising a product and there doesn' t appear to be any hardship to justify a variance. He believes a billboard located in the M-1 area is sufficient. Chairman Stewart stated he believes it is a hardship when developers of R-1 property are allowed on-site signs having 150 square feet to advertise the homes for sale. Member Adams stated that if only the subdivision is advertised on the sign, he will concede. Planning Director Fretz stated that the ordinance makes no provision for signs in commercial zones in these circumstances and whether or not a deficiency in an ordinance would constitute exceptional circumstances, he doesn't know. City Attorney Duberg stated that he is inclined to agree that this might constitute exceptional circumstances as a sign having 150 square feet is allowed in an R-1 zone. It was moved by Member Stevenson and seconded by Member Weakland that the Trousdale Construction Company be granted a variance to construct a billboard sign along Highland Avenue, the C-2 portion of Sweetwater Valley Industrial Park, the initial installation on Lot 28, to be moved, as needed, to lots 25, 26, 27, 29, 30, 31 , 32, 33 and 34, and subject to the following conditions: 1 . The variance be effective for a maximum three and one-half years. 2. The sign not to exceed 200 square feet in area and be a maximum 30 feet high. 3. The sign to be used only to advertise property in Sweetwater Valley Industrial Park. Further that action be based on the following findings: 1 . Similar privileges are granted to subdividers advertising homes within the subdivisions in all residential areas. The portion of the property zoned M-1 is too far from Highland Avenue for a sign to be readily seen. 2. Uithout the advantage of the advertising sign, it will be harder to sell the industrial lots. 3. There were no objections received, therefore it is not believed that the sign will be materially detrimental to development in the area. Member Adams stated he must vote "no" because he doesn't feel the exceptional circumstances are correct. The motion carried by the following vote, to-wit: - 7 - AYES: Members Stevenson, Comstock, Weakland, Stewart and Guyer NOES: Members Adams and Harmstead ABSENT: none (10:05 P.M.) PUBLIC HEARING - Kenneth and Mary Stephens - Rear of 60 "F" Street - Variance from Frontage Requirements The application was read requesting a variance to allow construction on a lot having only 20 foot frontage on a dedicated street. Planning Director Fretz submitted a plot plan showing the division of the 290 foot lot fronting at 60 "F" Street, pro- viding two buildable lots having more than the minimum lot area. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Stephens stated that this will be a great improvement to the property. He stated that a driveway from "F". Street back to the house will be surfaced either with asphalt or concrete. Mrs. Mona Riley, owner of the property, stated that she had received approval previously for division of the property and had then divided it and sold the existing house at 60 "F" Street. Mr. Will Brown, 54 "F" Street, and LeRoy Hoole, realtor, spoke favoring the variance stating that the development will improve the area. Protests were heard from Mr, and Mrs. Don Chase, 67 Center Street; Mrs. Garrett Clark, 71 Center Street; Mrs. Elisa Leoni , 77 Center Street, that the development will reduce the property values on Center Street, will be virtually a multiple residential development and will set a pre- cedent. Mrs. Mona Arnote stated that the property is too large to maintain as R-1 . There being no further comment, the hearing was closed. A petition was submitted signed by 20 property owners protesting the variance. Chairman Stewart stated it is not a matter of setting a precedent, that many similar variances have been granted in order to allow development of property land- locked and not accessible by street extension. It was moved by Member Adams and seconded by Member Guyer that the application be granted for permission to build a single dwelling on a lot at the rear of 60 "F" Street, having only 20 foot frontage on a dedicated street rather than 50 feet required by ordinance. Further that the action be based on the following: 1 . The property is land-locked and cannot be developed without a variance. 2. The relationship between the proposed house and the adjoining properties on Center Street will be just the same as the relationship between any other two houses built on paralleling streets and therefore the variance will.-r3ot be detrimental to the adjacent areas. The motion carried by the following vote, to-wit: AYES: Members Adams, Guyer, Stevenson, Comstock, Weakland and Stewart NOES: none ABSENT: none ABSTAIN: Member Harmstead - 8 - MISCELLANEOUS Interpretation and Classification of Nursing Homes Planning Director Fretz stated that the Planning Commission had previously classi- fied a home for the aged as an R-3 use and that Mrs. Elva Estes, 450 Flower Street, using that as authority, had planned operation of a nursing home. He stated that the Building Department had questioned the use of the property as a nursing home and that Mrs. Estes would like a clarification from the Planning Commission. The Commission discussed the characteristics of such uses - nursing homes , homes for the aged, rest homes , etc. , and concurred that they are very similar, none being more objectionable than the others. It was noted that the State maintains very close control over type of operation and number of patients. The Commission con- curred that these uses appear to be no more objectionable than other R-3 uses. RESOLUTION NO. 211 - Amending Resolution No. 184 Classifying Homes for the Aged as R-3 Uses , by Adding that Nursing Homes , Rest Homes , etc. , are Classified as R-3 Offered by Member Guyer, passed, adopted and approved by the following vote, to-wit: AYES: Members Guyer, Stevenson, Comstock, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: none San Diego County Planning Congress - Regional Plan Report -' Industry Planning Director Fretz presented the Planning Commission with copies of a Regional Plan Report on Industry and a letter was read from the Planning Congress asking that the Commission comment on the report. It was moved by Member Comstock, seconded by Member Harmstead and unanimously carried that the matter be placed on the agenda of the next meeting. Meetings During Summer Months Planning Director Fretz stated that nothing has been scheduled for an agenda for the June adjourned meeting and asked whether the Commission feels it is necessary to hold the meeting. The Commission concurred that two items continued could be post- poned to the July meeting. Member Stevenson questioned whether the July 3rd regular meeting should be changed because of the 4-day holiday weekend. The Commission agreed that the July regular meeting should be held on July 10, 1961 . RESOLUTION NO. 212 - Cancelling the July 3rd Regular Meeting of the Planning Commission Offered by Member Comstock, passed, adopted and approved by the following vote, to-wit: AYES: Members Comstock, Weakland, Stewart, Harmstead, Adams , Guyer and Stevenson NOES: none ABSENT: none - 9 - Contractor 's Storage Yard Planning Director Fretz stated that inquiries have been made about the possibility of allowing a contractor's yard (restricted to storage of building forms , etc. , not heavy equipment) in a C-2 zone with a conditional use permit. He stated that in view of the lack of M-1 land in Chula Vista and with a definite restriction as to what could be stored, it might not be objectionable. The Commission asked that an amendment be prepared for their consideration. Member Adams stated that he understands that the National Lumber Company on Center Street is moving out and perhaps now would be an appropriate time to attempt rezoning the area from M-1 . The Commission requested that Planning Director Fretz contact the property owners concerning the possibility of upgrading the zoning from M-1 to C-2. ADJOURNMENT It was moved by Member Comstock, seconded by Member Harmstead and unanimously carried that the meeting adjourn, sine die. Respectfully submitted, Audrey to S / house b Secretary