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HomeMy WebLinkAbout1961-03-20 PC MINS r MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA March 20, 1961 An adjourned regular meeting of the Planning Commission was held on the above date at , 7:00 P.M. in the Council Chambers 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-: Kugler. APPROVAL OF MINUTES It was moved by Member Adams , seconded by Member Guyer and unanimously carried that the minutes of the regular meeting of March 6, 1961 and the Special Meeting of March 13 , 1961 be approved, copies having been mailed to each member. CONDITIONAL USE PERMITS PUBLIC HEARING (cont.) - Lutheran Church - Northwest Corner of East Oxford and Nolan Planning Director Fretz stated that the Planning Commission had continued the hearing in order that detailed plans might be prepared. He stated that the church is studying the feasibility of purchasing a parcel to the north and developing the western half of both parcels rather than the 5-acre parcel proposed. Mr. Fretz stated that this development would allow the extension of Mission Avenue, north from Oxford through this 5-acre parcel to provide access to the vacant land north of the church site; it would also eliminate the church 's problem of improvement of Oxford Street where complete dedication has not been made. Mr. Fretz stated that the church had requested the matter be continued to allow this study. It was moved by Member Guyer, seconded by Member. Comstock and unanimously carried that the hearing be continued to April 17, 1961 . Member Adams stated that when churches come in for approval , they should be cautioned to show on their master plan everything they will want, and 'be informed that in order to meet parking requirements , areas shown as parking areas cannot be later developed with buildings. VARIANCES PUBLIC HEARING - J. D. Peters - 350 Third Avenue - C-2 Use in C-1 Zone The application was read requesting permission to operate a nursery, involving only sale of plants , on property at 350 Third Avenue. 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. Chairman Stewart questioned whether a variance was the proper approach to the question of allowing retail sale of nursery plants on the C-1 property. Member Adams stated he believes it would be unwise to grant a variance for this in view of an ordinance now r being considered that would allow retail selling of plants with a conditional use permit. Member Guyer stated that he does not believe there are exceptional circum- stances pertaining to the property that would justify a variance. It was moved by Member Adams and seconded by Member Guyer that the application of J. D. Peters for a variance at 350 Third Avenue to allow retail sale of nursery plants , be denied because there are no exceptional circumstances pertaining to the property that justify the granting of a variance. 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 - First Baptist Church - 494 "E" Street - Setback Variance The application was read requesting reduction in rear yard setback from 20 to 10 feet for the purpose of constructing an educational building. Planning Director Fretz submitted the plot plan and explained that the rear yard could be on either side. He pointed out that the rear yard requirement for an R-1 zone is mainly for a service yard for residential purposes - clothes drying, play area, etc. and that it is questionable whether or not a rear yard is usable as far as churches are concerned. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Lee Bendickson, Chairman of the-Building Committee, and Mr. Robert Knowles, architect, commented on the need for a reduction in setback for the educational building and also on the master plan for development of the church property, as shown on the plot plan. Member Guyer inquired as to why the new building couldn' t be attached to the church to avoid the necessity of a variance. Mr. Bendickson stated that if this were done, the existing building would then have to be brought up to the building code, which may not be feasible and also, that they believed it more desirable to leave the area between the buildings for a passageway. Mr. Harold Morgan, 214 Elder Avenue, objected to the granting of the variance. The Commission discussed Section 13. 12 of the Zoning Ordinance requiring 10 foot setbacks for churches , and questioned whether they would have to comply with this requirement ' as well as setback requirements in the specific zone. City Attorney Kugler stated that Section 13. 12 establishes the minimum setback from property lines but that if setbacks in specific zones are greater than 10 feet, then they must comply with the most restrictive requirement. Member Adams stated he believes it is a hardship for existing churches to require a 20 foot rear yard in view of the off-street parking requirements. Letters were read from R. R. Nolde, 204 Elder Avenue; Harold Morgan, 214 Elder Avenue and Donald Byrn, 220 Elder Avenue, protesting the variance. It was moved by Member Adams and seconded by Member Weakland that the First Baptist Church at 494 "E" Street be granted a reduction in rear yard setback from 20 to 10 feet for the purpose of constructing an educational building and that action be based on the following findings: 1 . The effect upon church sites developed before the ordinance requiring off-street parking became effective is such that the vacant areas previously planned for expansion of the buildings now are absorbed by parking requirements , thus the intended use of the site cannot be fully realized. From this it is evident that the ordinance is more restrictive 2 - upon churches developed previous to the adoption of off-street parking requirements than it is upon churches developed subsequent to the adoption. This constitutes hardship within the meaning of the ordinance and it can be partially alleviated by variance for reduction in setback to the minimum 10 feet. 2: Therefore, the variance is necessary for preservation of a substantial property right because the area gained by reduction in rear yard setback is needed to compensate for loss of building area due to parking require- ments imposed by the new ordinance. 3. There have been a few objections from adjacent property owners; but it appears that a minimum 10 foot setback at the rear and side will provide sufficient consideration for the right of the adjacent property owners; Therefore the granting of the variance will not be materially detrimental ' to public welfare or property or improvements in the area. The motion carried by the following vote, to-wit: AYES: Members Adams , Guyer, Stevenson, Comstock, Weakland and Stewart NOES: none ABSENT: Member Harmstead STREETS AND HIGHWAYS Request for Exemption and Deferment of Construction of Public Improvements H. Rothschild - Frontage Road and Walnut Avenue, North of Palomar. A letter was read from Mr. H. Rothschild requesting that he be granted an exemption from construction of public improvements along Frontage Road and deferment of con- struction of public improvements along Walnut Avenue, both adjacent to his property north of Palomar Street. A letter .was read from .the Engineering Department re- commending that deferment be granted because public improvements have not been designed for that area. It was moved by Member Guyer and seconded by Member Comstock that a deferment of construction of public improvements along Frontage Road and Walnut Avenue be granted, 1 .subject to a 30-day written notice by the City, with the condition that a cash deposit or lien be given the city in the amount determined by the Engineering Department as sufficient to cover the cost of installation of the improvements. The motion carried by the following vote, to-wit: AYES: Members Guyer, Adams, Stevenson, Comstock, Weakland and Stewart NOES: none ABSENT: Member Harmstead MISCELLANEOUS Amendment to Zoning Ordinance - Addition1.6f Supplemental"P"Zone to Commercial Areas Planning Director Fretz submitted a map showing commercial areas in Chula Vista that could be combined with a Supplemental "P" Zone. He stated that some are vacant, some are developed with buildings that are not permanent and some are developed and are - 3 - providing -off-street parking. Chairman Stewart commended the staff on its presentation of the commercial areas being discussed. The Commission concurred that adequate information is available to call a public hearing to consider the zone change. It was moved by Member Stevenson, seconded by Member Adams and unanimously carried that a resolution of intention be drafted setting a public hearing for April 17, 1961 to consider combining the areas described on the map with the Supplemental "P" Zone. Amendment to Zoning Ordinance - Nurseries in C-1 Zones , With Conditional Use Permits , Changes in Parking Requirements for Schools and Churches Planning Director Fretz asked that the matter be continued to the next meeting. Amendment to Zoning Ordinance - R-3 to R-2 and R-1 - Area West of Broadway and South of "H" Street Planning Director Fretz submitted a land use map of the area between Broadway and the Freeway and "H" and "L" Streets, explaining that most of the area west of the Broadway frontage is zoned R-3 but actually used almost entirely R-1 and R-2. He stated that under present ordinance provisions , dwelling units can be constructed on the rear of the lots, the majority of which are not adequate in size or design for multiple-residential development, and that this would tend to down-grade the property. Mr. Fretz stated that where property does not lend itself to R-1 or R-2 use - either already developed as R-3 or of adequate size and design for good multi.ple- residential development - he would propose to leave it R-3. Mr. Fretz submitted a map showing areas proposed for R-1 and R-2 zoning. Member Adams stated he believes the property owners, are entitled to the protection of R-1 or R-2 zoning, as the case may be, and rezoning should take place before second units are constructed on any of the lots now developed R-1 or R-2. The Commission discussed the possible reaction to the proposed rezoning by property owners who did wish to construct rental units on the rear of their properties. It was moved by Member Guyer, seconded by Member Stevenson and unanimously carried that a resolution of intention be drafted setting a public hearing for May 1 , 1961 , for consideration of rezoning from R-3 to R-1 and R-2, property between "H" and "L" Streets and Broadway and Montgomery Freeway, as shown on map submitted. COMMUNICATIONS "H" Street Extended East from Hilltop Drive A letter was read from Mr. Dale Horton, stating that ;:he intends to purchase a lot in the county subdivision, Palm Gardens, and requesting that the city consider an amendment to the Master Street Plan to eliminate an extension of "H" Street east from Hilltop Drive, which runs across the southerly 80 feet of the lot he desires to purchase. Mr. C. C. Alley, speaking for Dale Horton, stated that Dr. Ralph Giddings is ready to develop the second unit of Palm Gardens , through which the "H" Street extension will go, and would like Chula Vista to consider eliminating "H" Street from the master plan. Chairman Stewart stated that he has always felt "H" Street would not go anywhere, - 4 - r would not connect with the proposed freeway and is not needed to serve as access to adjacent land. He stated that he believes the plan for extension of "H" Street should be abandoned unless the city is ready to buy the land and develop it, as it casts a cloud over the properties in the county over which it passes. Member Weakland agreed and stated that he believes "H" Street is not needed because of the proximity of Shasta Street to the south and the east-west street in Palm Gardens to the north. He stated that if "H" Street is developed, it will result in double-frontage lots on both these streets. Planning Director Fretz stated that the County Planning Commission 's resolution approving the tentative map of Palm Gardegs required that the southerly 80 feet of Lots 16 through 20 be dedicated for extension of "H" Street, as shown on the City of Chula Vista 's Master Street Plan. He stated that he still feels the city needs to look at the matter as a part of the master plan, not as an isolated situation. Members Comstock and Stevenson stated that they feel a study should be made on the need of "H" Street. Member Adams stated he would like to see the street pattern on paper, including "H" Street as shown on the Master Street Plan and the reservation for streets made by the County, and also 'showing the alternative suggested by Mr. Alley - connection to Bonita Road from Hilltop Drive via streets in Carvalos Acres and Palm Gardens. . Members Guyer and Stevenson agreed. Planning Director Fretz stated he could make a report at the next meeting, using what information is available. The Commission continued the matter to the April 3 meeting for a report from the Planning Director. Request for Extension of Time on Tentative Map - Cortez Manor No. 3 A letter was read from Mr. Lee Raitt requesting that the city grant a one-year extension of time on the tentative map of Cortez Manor No. 3. It was moved by Member Comstock, seconded by Member Guyer and unanimously carried that a one-year extension of time be granted on the tentative map of Cortez Manor No-3. Request for Clarification - Medical Center at Northeast Corner of Del Mar and "F'' Street Planning Director Fretz stated that the Planning Commission had granted a variance for reduction in setback along Del Mar Avenue and "F'' Street for construction of a medical building, and that the applicant desired a clarification of the action. He stated that the variance was for reduction along Del Mar to 14 'feet at one point and 6 feet at another and that the applicant had submitted plans showing an overhang into the 14 foot area, and believed the Commission had approved the plans. Member Stevenson stated that he sees nothing wrong in allowing the overhang if it does not obstruct the view. Member Stewart agreed and stated he didn't remember whether it was shown on plot plan submitted by the applicant. Planning Director Fretz stated that it was not shown on the plastic prepared for vi,,ewing on the screen but believed it was shown on the applicant 's plot plan, displayed -on the wall . He stated that if the Commission concurs , that it was the intention of the Commission to approve the reduction as shown on'the applicant 's plot plan, he would inform the developer. It was moved by Member Weakland and seconded by Member Stevenson that it is the - 5 - concensus of opinion of the Planning Commission that approval was given for the overhang into the 14 foot setback, as described by the Planning Director. The motion carried by the following vote, to-wit: AYES: Members. Weakland, Stewart, Guyer, Stevenson, Comstock NOES: Member Adams ABSENT: Member Harmstead Member Adams stated he believes the variance should have been granted according to plot plan as shown on the plastic. ADJOURNMENT It was moved by Member Weakland, seconded by Member Comstock and unanimously carried that the meeting adjourn sine die. Respectfully submitted, Audrey Stonehouse Secretary