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HomeMy WebLinkAbout1961-02-20 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA February 20, 1961 An adjourned 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, Weakland, Stewart, Harmstead, Adams and Guyer. Absent: Member Comstock. Also present: Director of Planning Fretz and City Attorney Kugler. STATEMENT: The Secretary of the Planning Commission hereby states that she did post within 24 hours of the adjournment, as provided by law, the order of the Planning Commission for the adjourned meeting of February 20, 1961 . APPROVAL OF MINUTES It was moved by Member Harmstead, seconded by Member Guyer and unanimously carried that the minutes of the meeting of February 6, 1961 , be approved, copies having been mailed to each member. CONDITIONAL USE PERMITS PUBLIC HEARING - Seventh Day Adventist Church - 102 Fourth Avenue In the absence of a representative from the Church, Chairman Stewart continued the matter to- later in the meeting. PUBLIC HEARING - Lutheran Church - Northwest Corner East Oxford and Nolan Avenue The application for conditional use permit for use of the property for church purposes -was read and a map presented showing topography of the land and adjacent streets. Planninc Director Fretz stated a letter had been received from Mr. Ernest Ehret, owner of the 5-acre parcel to the north, asking what access he would have to his property if develop- ment of the church prevented Mission and Monterey, Avenues extending north of Oxford Street. Mr. Fretz explained that this property can be developed by a street from Nolan Avenue, adjacent on the east side of this property. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Don Goodwin, real estate broker representing the church, spoke in favor of the application. Mr. Harold Huntley, 1195 Nolan Avenue, speaking for himself and other property owners on the east side of Nolan Avenue acrossifrom the church, commented on the topography and grading of the property, need for completion of Oxford Street, the type of construction and the use of the proposed buildings and whether or not the view of adjacent property owners would be affectdd.. Planning Director Fretz commented on the development of Oxford Street as it now exists and what is felt will be the ultimate need and he stated that in completing improvements on Oxford Street, the church would have to work out the problem of alignment, etc. , with the property owner to the south. He stated that before preparing final plans , the church had felt it necessary to determine whether or not the site would be acceptable to the city and that if the Commission could give an indication of their opinion, the hearing could be continued to allow preparation of a master plan for development. Mr. Fred Burch, speaking for the church, stated that escrow for purchase will not close until approval of the site is given by the city. He stated that they intend to develop the land to be an asset to the neigh- borhood and that the development will be designed to fit the area rather than be a standard plan. He stated that they are aware the streets will have to be improved to city standards. Chairman Stewart stated that the ordinance provides that churches are an R-1 use and that he doesn 't feel there will be any objection to use of the property for church purposes when detailed plans for development are submitted. City Attorney Kugler stated that it would be proper for the Commission to give their opinion and continue the hearing for consideration of the master plan for development. He stated that this , of course, would not be binding. Member Stevenson and Member Weakland agreed that it is appropriate for a master plan to be submitted before a decision is made by the Planning Commission. Member Harmstead stated he believes the land is adequate for the proposed development. Member Adams stated he doesn't feel anything will interfere with granting the conditional use permit if the plans for development conform to ordinance provisions.. It was moved by Member Stevenson, seconded by Member Harmstead and unanimously carried that the hearing be continued to March 20, 1961 . PUBLIC HEARING - First Baptist Church - 494 ''E" Street The application was read for conditional use permit for construction of a building for religious education on this property and a map presented showing existing and proposed buildings and parking area. This being the time and place as advertised , Chairman Stewart opened the hearing. Mr. G. Lee Bendickson, chairman of the building committee, explained the plans of the church. Protests were made by Mr. D. L. Byron, 220 Elder Avenue, Mr. Harold Morgan,214 Elder and Mr. Robert Nolde, 204 Elder Avenue. They inquired as to what activities would be conducted in the new building; protested that -the two-story building, 5 feet from property line, would cut off light and air and breezes; parking is not sufficient for existing development and further construction would aggravate this condition and that the new building should be constructed on the south portion of the property in place of the scout building. Mr. Walter See, architect, explained the ultimate plan for the property, stating that the scout building will be removed as soon as possible. He added that the existing classroom building will be removed during construction of the new building and that eventually one of the two houses fronting on ''E" Street will be removed. Mr. See stated that they intend that eventually this area would be used for additional parking and that the new building will be used only for Sunday School purposes. Chairman Stewart noted that the parking area referred to has been used for quite some time and that additional parking for the proposed building is not being provided. Mr. See stated that with removal of one of the houses on ''E" Street and removal of the scout building and classroom building, there will be adequate parking for the proposed construction. There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Harmstead that the Planning Com- mission recommend to City Council approval of a conditional use permit to the First 2 - Baptist Church for construction of a building for religious education on church property at 494 "E" Street, subject to compliance with all ordinance provisions. Further, that action be based on the following: 1 . The characteristics of the proposed use - religious education - wi'll not involve the hazard or damage or nuisance arising from smoke, odor, dust, fire, contamination, etc. 2. The characteristics of the use appear to be reasonably compatible with other uses permitted in the area; the proposed use is a permitted use in an R-1 zone and a church already exists. The motion carried by the following vote, to-wit: AYES: Members Adams , Guyer, Stevenson, Weakland, Stewart and Harmstead NOES: none ABSENT: Member Comstock VARIANCES PUBLIC HEARING - First Baptist Church - 494 "E" Street - Setback Variance The application was read requesting a reduction in setback on the east and a portion of the south property lines from 10 to 5 feet, for the purpose of constructing a building for religious education. This being the time and place as advertised , Chairman Stewart opened the hearing. Mr. Cramer, Pastor of the Church, stated that if they must remove the two dwellings on "E" Street to provide parking, they will do so as the new building is more important. Mr. Harold E. Morgan, 214 Elder Avenue, protested the variance, stating that a two-story building should not be permitted. Chairman Stewart stated that any building in an R-1 zone can be two story. There being no further comment, the hearing was closed. The Commission discussed the provisions of the ordinance pertaining to yards on corner lots and whether or not the reduction in setback needed for construction of the religious education building would be considered a rear yard reduction. Planning Director Fretz explained that one section of the zoning ordinance relating to churches and schools requires buildings to be 10 feet from any property line and that the rear yard requirements in each zone still apply. He stated that if the southern portion of the property where the scout building is located , is considered the rear yard, then the request would be for reduction from the provision requiring buildings to be 10 feet from any property line. It was moved by Member Adams and seconded by Member Harmstead that the request by the First Baptist Church, 494 "E" Street, for reduction in setback along the east and south property lines from 10 to 5 feet be denied for the reason that no exceptional circum- stances were found to justify the granting of the variance. The motion carried by the following vote, to-wit: - 3 - AYES: Members Adams , Guyer, Stevenson, Weakland , Stewart and Harmstead NOES: none ABSENT: Member Comstock Chairman Stewart stated that he voted "aye" with regret, but did not feel the variance was justified. PUBLIC HEARING - Zita V. Xalis - 31 East Shasta Street - Setback Reduction The application was read requesting reduction in setback along Carla Avenue from 10 to 2 feet for the purpose of constructing a fence over 32 feet high. A plot plan of the property was submitted. This being the time and place as advertised, Chairman Stewart opened the hearing. Mrs. Xalis stated that if they must remove or lower the fence, they will not have any privacy in their back yard. The Commission discussed the difference in grade level of the rear yard and the sidewalk. There being no further comment, the hearing was closed. It was moved by Member Stevenson and seconded by Member Harmstead. that the application of Mrs. Zita Xalis , 31 East Shasta Street, for reduction in setback from 10 to 2 feet along Carla Avenue for maintenance of a 6 foot high fence within the setback, be approved and that action be based on the following: 1 . The topography of the lot in relation to the adjacent street causes a hardship to the lot and constitutes exceptional circumstances. 2. Without a variance to allow a maximum 6 foot high fence within the setback along Carla Avenue, the applicant is deprived of privacy enjoyed by other property owners. 3. There were no objections to the variance, therefore, it appears that the granting of the variance will not be materially detrimental to adjacent properties. The motion carried by the following vote, to-wit: AYES: Members Stevenson, Weakland, Stewart, Harmstead, Adams and Guyer NOES: none ABSENT: Member Comstock PUBLIC HEARING - Ted and Carolyn Bell - Rear of 70 "J" Street, Vallecito Way - Easement The application was read requesting a variance for (1) permission to develop three lots at the rear of 70 "J" Street not having 50 foot frontage on a dedicated street, but to be served by an easement to First Avenue via Vallecito Way and (2) reduction in lot area of one of these lots from 7,000 square feet to 6,836- square feet. Planning Director Fretz submitted a plan showing division of this property and the easement and cul-de-sac to serve these three lots. This being the time and place as advertised , Chairman Stewart opened the hearing. - 4 - Mr. Ted Bell explained his proposal , stating that an easement previously approved to serve a portion of this property from "J" Street, would be used as an alley for access for two of the lots. Planning Director Fretz stated that the staff feels this is a better plan for development than that previously approved by the Commission i-n that this would allow a back to back relationship between residences rather than a back to front. There being no further comment, the hearing was closed. It was moved by Member Guyer and seconded by Member Harmstead that the Planning Commission grant a variance to Ted and Carolyn Bell for property located at the rear of 70 "J" Street for (1) permission to develop three lots fronting on an easement to First Avenue rather than having frontage. on a dedicated street and (2) reduction in lot area of one of the lots from 7,000 square feet to 6,836 square feet, subject to the condition that the easement connecting Vallecito Way to the cul-de-sac be widened to a minimum 27 foot travel-way, said travel-way to be paved and to have curbs and gutter. Further, that action be based on the following: 1 . The property is landlocked and cannot be served by a street. The plan for development appears to be more satisfactory than as previously proposed, via a 12 foot easement to "J" Street. If the applicant is required to provide 7,000 square feet in the one lot, it will result in an irregularly shaped lot, part of which would not be usable. 2. Without the granting of the variance, the property cannot be developed. 3. The granting of the variance does not appear detrimental to adjacent properties in that no adverse comments were received. The motion carried by the following vote, to-wit: AYES: Members Guyer, Stevenson, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: Member Comstock PUBLIC HEARING - (cont.) Seventh Day Adventist Church - 102 Fourth Avenue Chairman Stewart reopened the hearing and Planning Director Fretz reviewed the appli- cation for conditional use permit to allow an addition to the existing sanctuary and construction of a "multi-purpose" building on the rear of the lot. Mr. Bill Davies, representing the church, stated that the old building near the proposed building would be removed and eventually the house on the property would be removed. The new building would be used for scout meetings , Pathfinder activities and also for additional classrooms for church purposes and that it would not be a school , he stated. Chairman Stewart stated he believes the existing parking area should be marked so that it could be used to its fullest capacity. Protests were made by Mrs. Perry Seeley, 103 Guava Avenue; Mrs. Edgar Co rbett, 107 Guava Avenue and Mr. George Turner, 129 Guava Avenue. Their comments were that the on-street parking situation is bad at the present time - driveways of adjacent properties being blocked - and that an addition to the church facilities will aggravate the situation; that youth activities are carried on as late as 10:00 P.M. creating unnecessary noise and that they would object to the buildings being used for a day school . A letter was read from Mr. Charles Dobson, 106 Guava Avenue, protesting the conditional use permit. - 5 - Member Stevenson pointed out that it is an existing church and they only want to add to the facilities. There being no further comment, the hearing was closed. It was moved by Member Stevenson and seconded by Member Guyer that the Planning Commission recommend to City Council approval of a Conditional Use Permit for the Seventh Day Ad- ventist Church for a period of two years for an addition to the existing church building and construction of a multi-purpose building, as shown on plot plan, subject to the following conditions: 1 . That no activity be conducted after 10:00 P.M. which would create unusual or loud noise. 2. The existing parking area and the proposed parking area be marked to facilitate orderly and efficient parking. Further that the approval be based on the following findings: 1 . The characteristics of the use do not involve damage or nuisance from noise, smoke, odor , dust, etc. , there will be no hazard from unusual volume or character of traffic. 2. The characteristics of the use will be reasonably compatible with those in the surrounding area, with the conditions which are being required. The motion carried by the following vote,-lto-wit: AYES: Members: Stevenson, Weakland, Stewart, Harmstead, Adams and Guyer NOES: none ABSENT: Member Comstock Request for Permanent Status on Variance - 194 "H" Street - Child Care Center A letter was read from Mr. Albert Boyer, attorney for Mario and Mary Ricchiuti , request- ing that a variance for a child care center at 194 "H" Street be given permanent status. Chairman Stewart stated that Mrs. Ricchiuti is doing a fine job and there have been no adverse comments on the center. Boyer stated that the variance was grantid about ten years ago and was subject to renewal from time to time by the Commission, presumably on the basis that if the use proved unfavorable to the neighborhood, the variance would not be approved. He stated that due to ill health, Mrs. Ricchiuti will have to sell the property aad the prospec- tive purchaser would like a permanent status on the variance. Chairman Stewart stated he believes all the variances for child care centers should be reviewed periodically so that it can be determined that they are operating in a manner favorable to the neighborhood. Mr. Boyer askediff-, the Commission would consider granting a 4-year extension if they did not care to grant it permanent status. The Commission discussed the desirability of periodical reviews of child care centers and concurred that reviews are necessary in order that the centers are maintained in a de- sirable manner. It was moved by Member Guyer and seconded by Member Adams that the request for permanent status on the variance for a child care center at 194 "H" Street be denied and that the variance be extended for a three-year period from January 20, 1962, subject to the same conditions imposed on the original variance. The motion carried by the following - 6 - r vote, to-wit: AYES: Members: Guyer, Stevenson, Weakland, Stewart, Harmstead and Adams NOES: none ABSENT: Member Comstock. STREETS AND HIGHWAYS Request for Deferral of Public Improvements - St. John 's Episcopal Church - 760 First Ave. A letter was read from the St. John 's Episcopal Church, requesting deferral of construc- tion of public improvements during construction of a library building on church pro- perty at 760 First Avenue. A letter was read from the Engineering Department recommend- ing that a deferral be granted because it is extremely impractical to construct these improvements at the present time. Chairman Stewart stated it is very undesirable not to have sidewalk along First Avenue in view of the increased foot traffic. Reverend Nale stated that they will put the improvements in as soon as it is practical - that the existing culvert across First Avenue must be extended first. It was moved by Member Harmstead and seconded by Member Stevenson that the the request I)WY St. John 's Episcopal Church for deferral of construction of public improvements along First Avenue be granted, subject to a 30-day written notice by the City, with the con- dition 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 improve- ments. The motion carried by. the following vote, to-wit: AYES: Members: Harmstead, Adams , Guyer, Stevenson, Weakland and Stewart NOES: none ABSENT: Member Comstock Request for Approval of Sign - Hillt6p and Naples Shopping Center Planning Director Fretz reviewed the terms of the variance granting approval of the shopping center at the northwest corner of Hilltop and Naples. He stated that one of the conditions was that all new construction first be approved by the Planning Cor'- mission. He submitted a plan for the sign proposed to be constructed on the face 'of the food market. It was moved by Member Stevenson, seconded by Member Guyer and unanimously carried that the Planning Commission approve construction of a sign as per plans submitted , for Speedee Mart store in the shopping center. Appeal from Planning Commission Denial of Variance - First Federal Savings & Loan Ass 'n. - Northeast Corner Broadway and "H" It was moved by Member Guyer, seconded by Member Harmstead and unanimously carried that the Planning Commission findings on denial of a variance to First Federal Savings & Loan Assn. for property at the northeast corner of Broadway and "H" Street be forwarded to the City Council . COMMUNICATIONS Planning Director Fretz explained that building plans had been submitted for studio apartments and the floor area of these apartments is considerably. less than the minimum dwelling unit area required in the Zoning Ordinance. He ,explained the reasoning behind _ 7 _ the minimum established. Member Harmstead stated that a study was made of desirable area fordwelling units at the time the ordinance was amended. Member Adams stated 400 square feet - minimum dwelling unit area allowed by the Zoning Ordinance - may not be practical for studio apartments. The Commission discussed the need and desirability of ''studio'' apartments for Chula Vista. Mr. Roy Cook, contractor, spoke favoring allow- ing smaller floor area for studio apartments. Chairman Stewart stated the only way the city could change the minimum floor area would be to amend the Zoning Ordinance, which would require a thorough study as to the desirability of amending the ordinance. Mr. Cook stated that rather than wait, he would design another type of apartment unit for the property. San Diego County Planning Congress A letter was read from Dr. Willis Miller, Secretary-Treasurer of the San Diego County Planning Congress asking that the Commission appoint the Director and Alternate for the Board of Directors for the coming year. It was moved by Member Harmstead and seconded by Member Guyer that Chairman Stewart and Planning Director Fretz be reappointed Alternate and Director. Member Harmstead with- drew his motion in view of the fact that Chairman Stewart, having been elected Presi- dent of the Board of Directors , should not serve in two capacities. It was moved by Member Adams , seconded by,.'Member Harmstead and carried that Planning Director Fretz and Vice-Chairman Stevenson serve as Director and Alternate respectively, for the the current year. Salvation Army - Requesting,Application of Off-street Parking Requirements A letter was read from the Salvation Army asking how the off-street parking requirements would be applied to a building they desire to construct. The letter explained that the worship services for the Salvation Army were not the same as in any other church and in view of the fact that the building would be used for other purposes, they were not sure just what parking would be required. It was moved by Member Harmstead, seconded by Member Guyer and unanimously carried that the matter be continued to the March 6th meeting for further study. MISCELLANEOUS Chairman Stewart asked whether the Commission would like to rescind the motion denying the variance to the First Baptist Church so that thechurch could have an opportunity to pre- pare more ''firm'' plans. Member Stevenson stated that he feels the action taken was appropriate. Member Adams stated that he feels the plans were not certain and perhaps the Commission should study the request further. The Commission discussed the advisability, of such action and concurred that the action taken should be final . ADJOURNMENT It was moved by Member Harmstead, seconded by Member Guyer and unanimously carried that the meeting adjourn sine die. Respectfully submitted, Audrey Vt/oehouse ,Ucreta