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HomeMy WebLinkAbout1961-01-16 PC MINS MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA January 16, 1961 A regular meeting of the Planning Commission of the City of Chula Vista, California, 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 Kugler. 0 . APPROVAL OF MINUTES It was moved by Member Stevenson, seconded by Member Comstock and unanimously carried that the minutes of the meeting of December 5 , 1960, be approved, copies having been mailed to each member. VARIANCES PUBLIC HEARING - 561-563 James Street - Genevieve Holloway and Florence Dugan The application was read requesting permission to extend a duplex into the easterly 10 feet of the property, zoned R-1 . Planning Director Fretz submitted a plot plan of the proposed construction and stated that the lot is 65 feet wide with the westerly 5 feet zoned R-3 and the remaining property zoned R-1 . He explained that the ordi- nance provides that an R-1 lot abutting an R-3 lot can be developed with a transitional R-2 use, but that the transitional use cannot extend more than 50 feet beyond the zone boundary; and that the easterly 10 feet of the property thus cannot be used except as R-1 . He stated that the duplex designed for the lot is 55 feet wide and that the application requests permission to extend the duplex into the easterly 10 feet of the lot. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Emery Fryer, 555 James Street and Mr. Kenneth Eaton, 551 James Street, protested the variance, because it extends into an R-1 area and because they understood when the R-3 development west of ,this property was approved, that it was intended to serve as a buffer between their R-1 and the commercial along Broadway. Planning Director Fretz stated that this isn't an attempt to extend multiple use into the R-1 area but that a duplex on the lot is a permitted use and if the duplex did not extend into the easterly 10 feet of the property, there would have been no necessity to request approval from the Planning Commission. There being no further comment, the hearing was closed. Member Adams stated that the ordinance restriction on extending the transitional use only 50 feet results in -the property being divided into two zones which has always been recognized as unusual circumstances justifying a variance; and that he doesn't believe the duplex will have any detrimental effect on adjacent improvements. Chairman Stewart agreed and added that without the variance, the owner is denied full use of the property. It was moved by Member Adams and seconded by Member Guyer that the application re- questing permission to extend the duplex into the easterly .10 feet of the property, zoned R-1 , be approved based on the following findings: 1 . There are exceptional circumstances in that the owner is entitled to an R-2 use on all but 10 feet of the property and the property is literally divided by a zone boundary. 2. Without the granting of a variance, the owner will be deprived of use of the property because it is divided by a zone boundary. 3. The variance will not be materially detrimental to the area in that the duplex is' a permitted use on all except 10 feet of the property. The motion carried by the following vote, to-wit: AYES: Members Adams , Guyer, Stevenson, Comstock, Weakland, Stewart and Harmstead NOES: none ABSENT: none PUBLIC HEARING - 435 "H" Street - South Bay General Hospital T/he application was read requesting permission to construct a sign 40 square feet in area and 17 feet high within the setback along "H" Street. Planning Director Fretz submitted a plot plan and the design of the sign. He stated that the ordinance provides for a sign 20 square feet in area , not over 32 feet high. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Ben Lane, Administrator of the hospital , stated that they intend to have 'a screen planting between the hospital and the street and the sign needs to be higher than 32 feet in order to be seen. He added that the building to the east is set on a zero setback. There being no further comment, the hearing was closed. Member Stewart stated that he feels a 40 foot sign is not needed for the purpose of identifying the hospital . Member Comstock agreed that 40 feet is too large. Member Adams stated that the sign regulations in Chula Vista are strict and should remain strict. He stated that if this sign is approved, the same request by other people could not be refused. Member Guyer agreed. Chairman Stewart stated that he believes the sign should be permitted high enough to be seen over the tops of cars parked at the curb as it is an emergency facility. It was moved by Member Comstock and seconded by Member Stevenson that the applicant be granted permission to construct a sign within the setback along "H" Street not to exceed 20 square feet in area with a maximum height of 12 feet to the top of the sign, and that action be based on the following findings: 1 . There are exceptional circumstances pertaining to the property in that the building to the east is on a zero setback. This is an emergency facility and a sign of this height is needed in order that it may be seen by west- bound traffic along "H" Street. 2. The granting of the variance will not be materially detrimental to im- provements in the area. 2 - Member Adams stated that he believes the approval will set a precedent. He stated that the people apparently want a strict ordinance on signs and if it is too strict then the ordinance should be changed. The motion carried by the following vote, to-wit: AYES: Members Comstock, Weakland, Stewart and Stevenson NOES: Members Adams, Guyer and Harmstead ABSENT: none PUBLIC HEARING - 303 Hilltop Circle - Ralph 's Superette, Inc. The application was read requesting permission to remodel the existing store building on the property, a non-conforming use, into four separate C-1 uses. Planning Director Fretz submitted a plot plan of the property and explained why the matter had been brought to the Commission as a request for variance. This being the time and place as advertised, Chairman Stewart opened the hearing. Attorney Whitney, speaking for the applicant, reviewed the matter and stated that when the previously-denied request had been appealed to City Council , the Council had indicated that the building could be legally divided into more than one use. He submitted a petition signed by 140 persons approving the variance. Mr. Whitney stated that the owners had prepared their plans and had signed leases for the separate stores and had arranged financing, after talking with Mr. Fretz, upon which they are already paying interest. He stated that shopping trend now is for small shopping areas offering several services and that the existing building is not large enough for a super market and is too large for the type of grocery store now there. He stated that he believes that if non-conforming uses , such as this , cannot be remodeled or changed to make them pay for themselves , it will result in a blighted area. Mr. Robert Murphy, 626 Robert Avenue; John Atwell , 1009 Neptune; Frank Delgado, 41 East "J" St. ; Jim Brown, 770 Dennis Avenue; Max Stewart, 666 Melrose Avenue; Francis McGrath, 75 East "J" Street and Mr. Edward Gee, 118 Mitscher Street, spoke favoring the variance. Chairman Stewart stated that the Chula Vista Elementary School District had attempted to purchase this property along with the rest of the land. Mr. Bill Doss commented that they had proceeded with the plans for the building in good faith. Mr. Charles Jansen stated that he has already prepared plans for one of the store buildings as a restaurant and has committed himself for equipment costing $15,000.. He believes the variance should be favorably considered. Mr. Trowbridge, leasee of the property, stated that he will make sure that if a restaurant is operated in the building, it will be' run in an orderly manner and he will insist upon cleanliness. Chairman Stewart asked the City Attorney what limitations could be imposed. City Attorney Kugler stated that the Commission could impose whatever condition they felt necessary as to operating hours , etc. Mr. Frank McGrath, 75 East "J" Street, submitted a petition with 84 signatures, pro- testing the variance. He stated that most of the people in the area do not object to the store, but they do to a restaurant because of the proximity of the schools. Letters were read protesting the variance from LeRoy and Mary Kratzer, 51 East "J" Street, and Mrs. Homer Williams , 31 East "J" Street. The Commission asked for a show of hands of - 3 - those for and those against the variance. There being no further comment, the hearing was closed. Chairman Stewart stated that there are other non-conforming uses in the city, with similar circumstances and if a variance is granted it will act as a precedent and. will defeat the purpose of the ordinance. He stated that he doesn 't believe a restaurant or grocery store is good for an area near a school as they would encourage loitering. Member Adams agreed that commercial uses should not be near schools. He stated that the only merit to an approval of the variance would be the improvement of the property. It was moved by Member Harmstead and seconded by Member Adams that the application for variance to allow remodeling of the store building at 303 Hilltop Circle, a non- conformi,ng use, into four- separate units , ;be denied because there are no exceptional circumstances. The fact that the schools and the fire station, both permitted R-1 uses , are adjacent to the property, doesn't constitute exceptional circumstances. The granting of the variance would be materially detrimental to public welfare. The motion carried by the following vote, to-wit: AYES: Members Harmstead, Adams , Guyer and Stewart NOES: Member Weakland ABSENT: none ABSTAINING: Members Stevenson and Comstock Member Adams asked the City Attorney whether a Commissioner should make known his reasons for abstaining on a vote, or whether any member could abstain whenever he Liked. City Attorney Kugler stated he would submit a report to the Commission. Member Comstock stated he had abstained because of a conflict of interests and Member Stevenson stated that he has knowledge of one of the proposed l@ssees and doesn 't feel he should participate. Planning Director Fretz stated that the non-conforming use section of the ordinance needs some revision and if the Commission agrees , he and the City Attorney will make a study. Chairman Stewart suggested that the study include what other cities are doing in the way of abatement of non-conforming uses. PUBLIC HEARING - 773 Third Avenue - -Harold Schauer - Sign Over Height in Setback The application was read asking permission to maintain a sign within -the five-foot setback at 773 Third Avenue. Planning Director Fretz submitted a plot plan of the property and reviewed the matter. He stated that the application for building permit did show a five foot setback for Third Avenue, but that when the footing for the sign was inspected, the fact that it was within the setback was not caught, and the sign was constructed. City Attorney Kugler stated that the city is not bound by an error. This being the time and place as advertised , Chairman Stewart opened the hearing. Mr. Schauer , applicant, stated that the building permit itself doesn't contain any of the information shown on an application for building permit and he didn't notice it on the application. He stated that because it is a commercial zone and the building to the north is on property line, he had assumed that there was a zero setback. There being no further comment, the hearing was closed. - 4 - Member Adams stated that he doesn't believe the sign should be permitted to remain in the setback and that granting the variance will establish a precedent. It was moved by Member Stevenson and seconded by Member Comstock that the application by Harold Schauer for a variance to maintain an 18 foot sign within the setback at 773 Third Avenue be approved and that the findings are as follows: 1 . Other buildings in the immediate area have been built on the property line. - 2. Granting of the variance will entitle the owner of the property a privilege now being enjoyed by other property owners in the area. 3. The variance will not be detrimental to property or improvements in the vicinity.. The motion carried by the following vote, to-wit: AYES: Members Stevenson, Comstock, Weakland , Stewart and Guyer NOES: Members Harmstead and Adams ABSENT: none APPEAL FROM PLANNING COMMISSION DENIAL OF VARIANCE - Norek and Novak - 245 E. Oneida The secretary read the Planning Commission findings of the denial of a variance to Norek-Novak, 245 East Oneida, for maintenance of a six foot fence within the setback along Melrose Avenue. It was moved by Member Comstock, seconded by Member Weakland and unanimously carried that the findings be approved and forwarded to City Council . STREETS AND HIGHWAYS Request for Vacation of Portion of Fifth Avenue - John Keeley - Southeast Corner of Fifth Avenue and "H" Street The secretary read the request which was referred to the Planning Commission by City Council . Mr. Keeley read a letter from Broadway-Hale, developers of land west of Fifth Avenue, indicating they approve of the proposed vacation in order to eliminate parking on the street adjacent to Mr. Keeley's business. Planning Director Fretz submitted a plot plan of the property and stated that Mr. Keeley would like to use the 20 foot parkway to enlarge his off-street parking area. Principal Engineer Harshman arrived at this time. The Commission discussed the possible future need for the complete 80 foot right-of-way for Fifth Avenue, depending on both the actual development of Broadway-Hale shopping center and development of the 15 acres south of Mr. Keeley's property. Member Comstock stated that traffic flow into and out of the shopping center can present a problem if access ways are not adequate and Mr. Keeley's request should be given careful consideration as it will effect Fifth Avenue as an entrance to the shopping center. Chairman Stewart stated that the Planning Commission is in no position to recommend vacation of a portion of Fifth Avenue until plans for the ar® are final . - 5 - It was moved by Member Comstock, seconded by Member Harmstead and unanimously carried that the Planning Commission recommend to the City Council that the request _ by John Keeley for vacation of a portion of Fifth Avenue be denied for the reason ^that the proper design for public improvements along Fifth Avenue and the needed right-of-way width cannot be determined until definite plans are known for the shopping center and the vacant 15 acres on the east side of Fifth Avenue. Planning Director Fretz asked that consideration be given to deferral of construction of curb, gutter and sidewalk on the usual 30 day notice. Deferral of Construction of Public Improvements - Fifth Avenue - Southeast Corner of Fifth Avenue and "H" Street Chairman Stewart asked Principal Engineer Harshman whether the Engineering Department was in a position•.to make a recommendation. Mr. Harshman stated that it would be impractical to construct public improvements along Fifth Avenue until the City Council determines whether a portion of Fifth Avenue will be vacated. He stated that if that portion of Fifth is vacated, the sidewalk will be monolithic with the curb but if it is not vacated, a parkway will be reserved. If the "bay" type parking is approved , the curb will not follow the expected line. It was moved by Member Comstock and seconded by Member Stevenson that the Planning Commission finds that it would be impractical to install public improvements along Fifth Avenue adjacent to Mr. Keeley's property until the City Council determines whether a portion of Fifth Avenue will be vacated; further, that for this reason, the Planning Commission grant deferral of construction of public improvements along Fifth Avenue subject to a 30-day written notice and that the owner give the City a lien on the property in the amount determined by the Engineering Department as sufficient -- -... to cover cost of installation of the public improvements. The motion carried by the following vote, to-wit: AYES: Members Comstock, Weakland, Stewart, Harmstead, Adams , Guyer and Stevenson NOES: none ABSENT: none Request for Exemption from Construction of Public Improvements - Trusty & Rohrer - Ada and Frontage Road A letter was read from Mr. George Trusty and Mr. Edward Rohrer requesting exemption from construction of public improvements adjacent to their properties on Ada Street, Frontage Road and Palomar Street during construction of a trailer park. Principal Engineer Harshman stated that it is not possible at this time to furnish engineering information necessary to stake any of the improvements on this property. It was moved by Member Guyer, seconded by Member Comstock and unanimously carried that a deferral be granted for construction of public improvements on Ada Street, Frontage Road and Palomar Street adjacent to Mr. Trusty's and Mr. Rohrer 's trailer park until an Engineering Department study is completed and necessary information as to grade, etc. , is available. Further, that a lien on these properties be given to the City in the amount determined by the Engineering Department as sufficient to cover cost of installation of improvements. Extension of Time on Exemption from Construction of Public Improvements _ Willis Richardsoi Trenton Avenue, north of Palomar Street - 6 - Planning Director Fretz stated that the Commission had previously granted a deferment —�-to Mr. Richardson for construction of public improvements adjacent to this property on Trenton Avenue, north of Palomar Street. He stated that the deferment had expired and that a 1911 Act for the entire Trenton Avenue has been initiated but is not yet ready, and that a deferment would be needed until the 1911 Act procedure is completed. It was moved by Member Harmstead, seconded by Member Guyer and unanimously carried that the Planning Commission grant deferral of construction of public improvements on Trenton Avenue adjacent to Mr. Richardson 's property, subject to a 30 day written notice. Further, that the owner give the city a lien on the property in the amount determined by the Engineering Department as sufficient to cover cost of installation of the improvements. MISCELLANEOUS Request for Permission to Construct School Safety Signs - Moose Lodge An excerpt from the Safety Council minutes was read. Member Adams noted that the Safety Council had found that erection of the signs would not be traffic hazard, but had not made recommendations as to whether they should be constructed. He stated that one of the biggest jobs of' city departments is the control of signs constructed on intersections and public right-of-ways and this function should not be placed in the hands of private citizen groups. Member Adams stated that if permission is given, then the same privilege would have to be given other groups. He stated that the Moose Lodge should be given credit for their efforts on behalf of school children. Mr. Tom Emonds , representing the Moose Lodge, stated a precedent must have already been set as there are numerous signs on public right-of-ways around town. He stated that Dr. Tiffany will let them install the signs on school property if the City does not give permission for public right-of-way, but he doesn't believe they will be very effective unless they are along the streets. Member Stewart stated that the Commission realizes that a lot of effort has gone into the program but that, as pointed out by Member Adams , the city must keep some control over location of signs even though the sign program was well intended. Member Harmstead stated that if permission is granted, it will not be possible to deny other groups the same privilege. It was moved by Member Adams , seconded by Member Harmstead and unanimously carried that the Planning Commission recommend to the City Council that the request by the Moose Lodge to construct safety signs in the public .right-of-way near schools , be denied for the following reasons: 1 . Construction of safety signs is a function of city departments and it would be unwise to have other groups or persons engaged in this activity. 2. Approval of the request would act as a precedent for others wishing to put signs on public right-of-ways. Clarification of Parking Lots with Conditional Use Permit Planning Director Fretz stated that the Zoning Ordinance lists a "'parking lot" as a permitted R-3 use, subject to the granting of a conditional use permit. He stated - 7 - that an inquiry had been made concerning use of a lot in an R-3 zone as a "storage lot" as an adjunct to an automobile sales agency under this provision. Mr. Fretz .e—' stated that at the last meeting, the Commission indicated that a parking lot should not be allowed in connection with a business venture in an R-3 zone. He stated that since parking is required for other conditional use permit uses , perhaps the pro- vision for "parking lots" should be eliminated from the R-3 zone. Member Stevenson stated that he doesn't believe a commercial parking lot should be allowed in an R-3 zone, Member Adams stated that with a conditional use permit, parking lots could be eliminated from strictly residential areas and that the Com- mission had granted a variance for one on "H" Street, next to apartment units, so apparently there are areas where they are needed and wouldn 't be objectionable. The Commission discussed the desirability of allowing parking lots as a conditional use in an R-3 zone and what types of parking lots would be compatible. Planning Director Fretz stated that he would check into other cities ' ordinances as to how they define "parking lots" and whether they are allowed in residential zones in any circumstances. COMMUNICATIONS J. D. Peters - Use of Property at Third and Madrona Planning Director Fretz stated that Mr. Peters wants to use the vacant property at the northwest corner of Third and Madrona, next to his store, for the sale of nursery plants , a C-2 use in a C-1 zone, He stated that if the zone is changed, it would permit any C-2 use and would like the Commission 's thinking on proper procedure. _'`"Member Harmstead asked about the possibility of allowing a.---,nursery in a C-1 zone with a conditional use permit procedure. He stated that many retail stores sell potted plants in a C-1 zone and that perhaps "nursery" could be defined to allow strict selling of merchandise as a C-1 use with a conditional use permit and confine the propogation of plants and storage of fertilizer, etc. , as a C-2 Cise. Member Adams stated that the ordinance very properly. classifies a nursery as a C-2 use and that Third Avenue should not be developed with C-2 uses. It was moved by Member Comstock, seconded by Member Harmstead and unanimously carried that the matter be continued to the next meeting in order that a study may be made as to how other cities classify nurseries. Women's Reqional Planning Group The Commission discussed the "planning workshop" to be sponsored with the Women 's Regional Planning Group on January 30th and 31st, and the desirability of attending. Planning Director Fretz stated that he would send a copy of the schedule to the members and inquire into the registration. ADJOURNMENT It was moved by Member Harmstead, seconded by Member Comstock and unanimously carried that the meeting adjourn to January 30, 1961 . Respectfully submitted, Gv:�G000 Audrey S "onehouse Secret y