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HomeMy WebLinkAbout1961-02-06 PC MINS MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA February 6, 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 and Adams. Absent: Member Guyer. Also present: Director of Planning Fretz and City Attorney Kugler. APPROVAL OF MINUTES It was moved by Member Stevenson, seconded by Member Harmstead and unanimously carried that the minutes of the meeting of January 30, 1961 , be approved, copies having been mailed to each member. CONDITIONAL USE PERMITS PUBLIC HEARING - Chula Vista Seventh Day Adventist Church - 102 Fourth Avenue The application was read requesting permission for expansion of the existing church plant at the southwest corner of Fourth Avenue and "D" Street and a plot plan, showing existing and proposed construction, was presented. This being the time -and place as advertised , Chairman Stewart opened the hearing. Mrs. Charles Dobson, 106 Guava Avenue, asked to what use the proposed "multi-purpose" building would be put. The Commission discussed the parking arrangement for the proposed and existing buildings. Chairman Stewart asked whether anyone representing the church could answer the Commission 's questions. There being no one present, it was moved by Member Adams , seconded by Member Comstock and unanimously carried that the hearing be continued to February, 20, 1961 . PUBLIC HEARING - Drs. Bajo, Camarato, Backe - Northwest Corner Fourth Avenue and "D" St. The application was read requesting permission to construct a professional office building on the property. Planning Director Fretz submitted a plot plan of the property. This being the time and place as advertised , Chairman Stewart opened the hearing. Member Comstock questioned the adequacy of off-street parking inasmuch as a part of the area provided will be used by employees and the doctors. Mr. Yavorsky, speaking for the doctors , stated that there is a garage for the existing apartments that will remain on the rear of the property and a driveway along the north property line that could be used for parking by the employees. He stated the driveway is 10 to 12 feet wide and there is an additional 10 to 12 feet between the driveway and house, which should be adequate for parking of staff. Mr. P. E. Seeley, 103 Guava Avenue; Mr. Stewart Nodeerr, 75 Fourth Avenue; Mrs. Hamm, representing Mrs. Ruth Dixon, 81 Fourth Avenue; Mrs. N. Yeager , 115 Guava Avenue and Mrs. C. E. Dobson, 106 Guava Avenue, protested the application. Mr. Burns , owner of the property, stated he has tried for ten years to sell the property for residential purposes and has been unable to do so, primarily because of the heavily-travelled street. He stated that the proposed use appears to be the best use for the property. A letter was read from Mr. and Mrs. Lee Noderer , 75 Fourth Avenue, protesting the application. There being no further comment, the hearing was closed. Member Adams stated that he believes it is better city planning to retain Fourth Avenue from "E" to "C" Street for R-3 use and that granting such a conditional use permit would be a wedge for commercial zoning on the street. He stated that it would be hard to refuse another request if this is approved. Member Adams also stated that he believes the development is not satisfactory - mixture of commercial and residential uses and the use of the old existing house. Chairman Stewart stated that he agrees that approval of this permit might result in other commercial uses along Fourth Avenue and that Fourth Avenue is needed to carry heavy traffic. Planning Director Fretz stated that the conditional use permit procedure was established to allow development of properties in certain areas undergoing transition, but that it should not be used as a wedge for commercial zoning. Member Adams stated that he feels a conditional use permit can act as an opening wedge for commercial , as it did west of Broadway on "H" Street, when the area was rezoned to C-2 partially on the basis that a commercial use did exist within the area. It was moved by Member Adams and seconded by Member Harmstead that the Planning Commission deny the application submitted by Dr. Charles Camarata, et al , for conditional use permit for a professional office building on the northwest corner of Fourth Avenue and "D" Street for the reason that it would establish a precedent that could lead to commercial use on Fourth Avenue, between "C" and "E" Streets. The motion carried by the following vote, to-wit: . AYES: Members Adams , Stevenson, Comstock, Weakland , Stewart and Harmstead NOES: none ABSENT: Member Guyer REZONING PUBLIC HEARING - Robert Casey - Telegraph Canyon Road and "L" Street - R-3 to C-2 The application was read requesting rezoning from R-3 to C-2 of those lots shown' on the revised tentative map of Robinhood Subdivision Unit No. 7. A map was presented showing location of the lots proposed for rezoning and the location of the right-of- way for the proposed freeway. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Milton Fredman, attorney speaking for Mr. Casey, stated that the subdivision was redesigned three times in an effort to cooperate with the city and with the State Division of Highways on freeway location. He stated that they have a' plan for com- mercial development of the lots in Robinhood No. 7 and that the tier of lots fronting on Telegraph Canyon Road are not suitable for residential development. Mr. Roger Quinnan, 339 Nolan Avenue, protested the rezoning, stating that the type of development that could go on the property would be detrimental to his property value. The sales manager for Robinhood Homes stated that they feel it will be an advantage to have a small shopping center to serve .those homes in Robi•nhood subdivision and in the Halecrest subdivision. There being no further comment, the hearing was closed. 2 - The Commission asked Planning Director Fretz several questions. Mr. Fretz pointed out that the first Halecrest Subdivision map indicated commercial lots 150 feet deep along the entire Telegraph Canyon Road frontage. He added that in considering this map, the staff recognized the eventual need for a neighborhood shopping center in this area. As a result the map recommended and approved for Halecrest Subdivision included approximately 10 acres for commercial and the subdivision was redesigned around this commercial . Mr. Fretz explained that this subdivision has not been designed with commercial zoning in mind. He stated that he believes it would be hard to refuse to extend commercial west on Telegraph Canyon Road if this area is rezoned. Mr. Fretz stated that the relationship between the proposed commercial and the existing R-1 is good because of the steep bank between the two tiers of lots and that it is a back to back relationship. He further stated that the triangular lot on the north side of Telegraph Canyon Road resulted from a realignment of the street to avoid a "Y" intersection with "L" Street. Chairman Stewart stated that while he realizes the tier of lots on Telegraph Canyon Road will be difficult ones to develop, he doesn't believe the city should initiate strip commercial zoning. The Commission discussed the feasibility of commercial zoning for the lot on the north side of Telegraph Canyon Road and on the south side. Mr. Casey stated that about 25 feet of the depth of the lots on the south side is taken up in slopes. There being no further comment, the hearing was closed. It was moved by Member Stevenson and seconded by Member Adams that the request for rezoning from R-3 to C-2 of property in Robinhood Subdivision No. 7, along Telegraph Canyon Road at "L" Street, be denied in that it is not good planning practice to allow strip-type-commercial zoning and it would establish a precedent for extension of such strip zoning further west on Telegraph Canyon Road; and that there is 'already adequate "commercial zoning planned for the immediate area. The motion carried by the following vote, to-wit: AYES: Members Stevenson, Comstock, Weakland , Stewart, Harmstead and Adams NOES: none ABSENT: MemberGuyer VARIANCES PUBLIC HEARING - First Federal Savings & Loan Association - Northeast Corner Broadway and "H':' Street The application was read requesting (1) reduction in setback along "H" Street from 5 feet to zero to allow projection of a canopy over the entrance to the building, (2) to allow construction of a 40-foot high sign within the setback (3) to allow construction of a 12-foot high wall along the north property line as shown on plot plan. Planning Director Fretz submitted a plot plan of the property. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Harold Starkey, Sr. , and a represeptative of Frank Hope and Associates , architects , explained the flow of traffic into and out of the parking area, the detail ,of the proposed sign tower and the need for a 40-foot height, location of the "drive-in" window as related to the need for the 12 foot wall . The Commission discussed the pro- - 3 - i jection of the canopy out to the property line and the possibility of location of the supports behind the setback line. Mr. Wallace Miller, owner of the property, spoke favoring the development. There being no further comment, the hearing was closed. Member Harmstead stated that approval of the variance would set a precedent. Member Adams stated he would not like to 'see_ the. supports of the canopy within the setback area because of the possibility of widening the sidewalk along "H" Street. Planning Director Fretz stated that setbacks are not for widening purposes. Member Adams stated that while the proposed development is desirable and attractive, he does not believe there are a.ny hardships applicable to the property to justify a variance for setback reduction, but that there appeared to be justification for the 12 foot- wall to screen the non-conforming use to the north. It was moved by Member Harmstead and seconded by Member Adams that the request for variance for reduction in setback along "H" Street to allow projection of a canopy to the property line and to allow for construction of a 40-foot-high sign within 'the setback �be denied for the reason that no exceptional circumstances have been found to justify the granting of a variance. The motion carried by the following vote, to-wit: AYES: Members Harmstead, Adams , Comstock and Stewart NOES: Members Stevenson and Weakland ABSENT: Member Guyer It was moved by Member Comstock and seconded by Member Stevenson that the application for permission to construct a 12-foot-high wall along the north property line, as shown on plot plan, be approved and that action be based on the following findings of fact: 1 . The building and property to the north are devoted to a non-conforming M-1 use, which will be a hardship to the proposed use of this lot from a fire and safety standpoint. 2. The granting of the variance to allow a 12-foot-high wall along the north property line will protect the proposed building from this non-conforming use. The motion carried by the following vote, to-wit: AYES: Members Comstock, Weakland , Stewart, Adams and Stevenson NOES: Member Harmstead ABSENT: , Member Guyer PUBLIC HEARING (cont.) - C. R. Jantz - 547 "F" Street - Area Variance Planning Director Fretz reviewed the application and stated that the Commission had continued for further study the request for permission to locate one of the three required off-street parking spaces within the setback along "F" Street and for approval of reduction of area for two other required off-street parking spaces. The Commission discussed the possibilities for providing three off-street parking spaces on the lot as required by ordinance. . It was moved by Member Stevenson and seconded by Member Comstock that the application be approved for maintenance of required off-street parking spaces within the setbacks - 4 - of the property as shown on plot plan subject to the following conditions: 1 . That the sidewalk be brought up to level and curb installed on Beech Street at the location of the old driveway. 2. That the parking area to the north of the duplex be extended by 4 feet to the south. 3. That all parking areas are paved with either asphalt or concrete. Further, that action be based on the following: 1 . The property is a corner lot 'with two front yard setbacks , resulting in the loss of building area and/or parking area. 2. Without the granting of the variance, the property cannot be used as it is developed. 3. Granting .of the variance will not be materially detrimental to the general welfare, in that houses to the east have a driveway, used as a parking slab, within the setback and the hospital to the west provides off-street parking within the setback. The motion carried by the following vote, to-wit: AYES: Members Stevenson, Comstock, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: Member Guyer STREETS AND HIGHWAYS - Request for Deferral of Public Improvements - 299 East "J" Street A letter was read from Mr. Clyde Crane requesting deferral of construction of public improvements during construction on his home at 299 East "J" Street. The Engineering Department recommended that deferral be granted until improvements on the south one- half of "J" Street is commenced. It was moved by Member Adams , seconded by Member Harmstead and unanimously carried that the application for deferral of construction of public improvements at 299 East "J" Street be granted, subject to a 30-day written notice by the city, with the condition that a cash deposit or lien on- the property be given to the city in an amount determined by the Engineering Department as sufficient to cover the cost of installation of the improvements. MISCELLANEOUS Interpretation of Zoning Ordinance Planning Director Fretz submitted plans of the proposed TraileRancho trailer park on "C" Street, @,ast of Highland Avenue and asked whether in their opinion the off- street parking requirements for trailer parks were met. He stated that the ordinance requires one space per trailer plus one visitor 's space for each two trailers. - 5 - The Commission concurred that an area large enough for two cars , with only one entrance, cannot be counted as two spaces and if the owners intend to provide the visitor 's parking within the service streets , then they must be changed to a minimum 28 foot width. Conditional Use Permit Procedure The Commission discussed the-application of the conditional use permit procedure and whether it is serving the purpose intended at the time it was included in the Zoning Ordinance. ADJOURNMENT It was moved by Member Harmstead , seconded by Member Comstock and unanimously carried that the meeting adjourn to February 20, 1961 . Respectfully submitted, Audrey //S//tonehouse Secreta`ty