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HomeMy WebLinkAbout1961-04-03 PC MINS P MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA April 3, 1861 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 mem- bers present: Stevenson, Comstock, Weakland, Stewart, Harmstead , Adams and Guyer. Absent: none. Also present: Director of Planning Fretz and Acting City Attorney Boyer. APPROVAL OF MINUTES It was moved by Member Stevenson, seconded by Member. Weakland and unanimously carried that the minutes of the meeting of March 20, 1961 , be approved, copies having been mailed to each member. REZONING PUBLIC HEARING - North Side of "H" Between Smith and F.ifth - R-2 to C-1 The application was read requesting rezoning of the lots fronting on the north side of "H" Street between Fifth Avenue and Smith Avenue. Planning Director Fretz submitted a map showing adjacent property cuts and zoning. This being the time and place as advertised , Chairman Stewart opened- the hearing. Robert Thompson, realtor, representing the owners , spoke in favor of the rezoning. Mr. Tom Powell , 510 Otis , Mr. Earl Martin, 537 Otis and Mr. Percy Hingst,514 Otis , spoke against the rezoning. There being no further comment, the hearing was closed. The question of whether deed restrictions prohibiting commercial usage were still in effect was discussed. Attorney Boyer explained normal procedure for lifting of deed restrictions. At the request of Member Comstock, Planning Director Fretz stated that the staff feels that rezoning of the area would result in a sattellite-type of business development along "H". He added that because the area was designed for purely residential use it would be very difficult to develop as commercial unless . the block were developed in' its entirety. He stated that he feels there is a need for adjustment ' in the fringe area around the 40-acre center , but that the staff feels that R-3 zoning allowing business and professional offices development with conditional use permit would be better than commercial zoning because it would allow control by the City. Mr. Fretz stated that if this area is zoned commercial , we- can then expect pedestrian and automobile traffic crossing "H" Street from one shopping area to the other to create numerous traffic problems. He added that on the other hand, if we can control development with conditional use permits , it would allow a transition alonc "H" Street and help alleviate any 'hardship created by the shopping center. Member Adams agreed with Planning Director Fretz that commercial zoning of this property would not be to the best interests of the City and that R-3 zoning and development with conditional use permits would help overcome any hardship created by the location of the shopping center. Member Stevenson agreed and asked whether the deed restrictions should be considered. Chairman Stewart stated that the same situation will be coming up along "I" Street and he believes the Planning Director 's recommendations will be an equitable solu- tion. He stated that the residential lots on the fringe of the shopping area cannot provide parking and this is a bad situation, especially on "H" Street. Chairman Stewart stated that it has been generally believed that heavy traffic indicated a need for commercial zoning, I which he believes isn 't true and cited the situation of commercial development of E1 Cajon Boulevard and the result. Mr. Thompson, realtor , asked whether the Commission couldn't rezone the property C-1-P , thereby requiring off-street parking upon development. Planning Director Fretz sitated that this could be done but this action would not completely eliminate the objection to the commercial zoning. RESOLUTION NO. 205 - Recommending to City Council Change of Zone from R-2 to R-3 for Property on the North Side of "H", Between Smith and Fifth Avenue Offered by Member Guyer , passed, adoptal and approved by the following vote, to-wit: AYES: Members: Guyer, Stevenson, Comstock, Weakland , Stewart, Harmstead and Adams NOES: none ABSENT: none PREZONING OF EAST PALOMAR STREET ANNEXATION - South Side of Oneida at the Easterly Terminus of Palomar Street Planning Director Fretz submitted maps showing the proposed East Palomar Street Annexa- tion and stated that the Commission had previously concurred that a neighborhood shopping area should be located in this general vicinity and that the applicants for annexation had requested commercial zoning for the entire 20 acres. He said, that the staff could only justify a neighborhood shopping center at this time and recommended that the Com- mission zone approximately 5 acres of this 20-acre annexation C-1-P (Interim) , leaving one-lot depth along Oneida Street and the eastern portion of the land zoned interim R-1 . RESOLUTION NO. 206 - Calling Public Hearing to Consider Interim Zoning for the East Palomar Street Annexation Offered by Member Comstock, passed , adopted and approved by the following vote, to-wit: AYES: Members: Comstock, Weakland, Stewart, Harmstad, Adams , Guyer and Stevenson NOES: none ABSENT: none VARIANCES PUBLIC HEARING - Robert & Marilyn Nash - 965 Melrose - Height Variance The application was reed requesting permission to construct a fence five feet in height within the se tback along Nova Way. Planning Director Fretz submitted a plot plan show.ing location of the house and fence on the property and showing the difference in grade of the sidewalk and rear yard. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Nash stated that the fence had been installed by a contractor who had obtained a fence permit from the Building Department, and that if it was necessary to remove or lower the fence, it would deprive him of use of his rear yard. He stated that he doesn 't feel the fence will be detrimental to the property or to the area. Mr. Nash stated that signatures of 17 adja- cent property owners had been obtained. Charman Stewart stated that a six-foot fence could be constructed on the setback line and it appeared that the rear yard would be good sized without extending into the setback. Mr. R. Sofaly, 320 Nova Way, protested the variance in principal , stating that other people should be given the same right and if all the neighbors constructed as high a fence, the street would 166k like an alley. Chairman Stewart stated that he would like to continue the matter to det6rmine whether or 2 - not the fence had been constructed before a permit was issued and whither or not the permit was issued for a five-foot fence within the setback. He stated that if this were true, it might constitute exceptional circumstances to justify a variance. It was moved by Member Harmstead , seconded by Member Guyer and unanimously carried that the hearing be continued to April 17 to allow further study and that the Chief Building Inspector be asked for comments on the matter. PUBLIC HEARING - Speedee Mart, Inc. - 21 Naples - Setback Variance The application was read requesting a reduction in setback along Naples Street from 25 to 0 feet to allow 'construction of a sign for the Speedee Mart. Planning Director Fretz sub- mitted a plot plan showing location of the proposed sign. t This being the time and place as advertised, Chairman ,Stewart opened the hearing. Mr. James Willis , representing Speedee Mart, spoke favoring the variance. Mr. Carl Ingwersen, 1107 Hilltop protesting the variance. A letter was read from M . Gordon Southern, 1102 Hilltop Drive, protesting the variance. There- being no further comment, the hearing was closed. Member Stevenson stated that he does not find exceptional circumstances about the property. Member Adams stated he is opposed to the variance. It was moved by Member Harmstead, seconded by Member Stevenson and unanimously carried that the request by Speedee Mart for reduction in setback along Naples Street from 25 to 0 feet for the purpose of constructing a sign, be denied for the reason that no excep- tional circumstances pertaining to the property were shown to justify the granting of a variance and for the reason that it would be detrimental to the residences in the area. Request for Extension of Time on Variance - Salvatore Albo - 555 Roosevelt A letter was read from Mr. Salvatore Albo, 555 Roosevelt, requesting an extension of time on a variance to develop his R-2 property with an apartment house. It was moved by Member Harmstead, seconded by Member Weakland and unanimously carried that a one-year extension of time be granted forthe use of the variance for property at 555 Roosevelt and that the variance now expire on May 5 , 1962. SUBDIVISIONS View Hi 1 l - .Tentative Map Planning Director Fretz submitted the tentative map of View Hill Subdivision and explained its location. Letters were read from the Police Department and the Fire Department approv- ing the tentative map with the exception of the half-street. Planning Director Fretz ex- plained the provisions•`of tFie''.Subdivision Ordinance allowing half-streets and situations that had resulted in some instances from half-streets. He stated that the other half of the street is shown 'on the tentative map of Halecrest Subdivision. The recommendations from the Engineering Department were read and discussed. Mr. �retz reviewed the recommenda- tion that Floyd Avenue be graded to full width (36 feet) and that 26 feet of the travel-way be fully improved. Mr. Harold Foster, engineer of work, stated that they believe it would be a hardship to be required to obtain right-o:i-way from the Hale Company and expend money to grade and imprdve more than the half-street. Planning Director Fretz stated that Floyd Avenue is not improved from Telegraph Canyon Road all the way to subdivision and that an an improved access to the subdivision is needed. Principal Engineer Harshman stated that - 3 - he would contact the Hale Company to determine what arrangements can be made for the recommended improvement and dedication of Floyd Avenue. It was moved by Member Guyer, seconded by Member Adams and unanimously carried that the tentative map of View Hill be continued to the meeting of April 17th for further study. Extension of "H" Street- East of Hilltop Drive Planning Director Fretz submitted a map of the Master Street Plan, a map of the proposed Route 241 and a map of the area east of Hilltop Dive, north of Telegraph Canyon Road. He reviewed the history of the adoption of the master street plan, noting the extensive study given to its preparation. He stated' that the staff still believes that the "H" Street extension to the east of Hilltop Drive should be considered in the over-all general plan rather than as a separate item. Mr. Fretz stated that the staff has not formed an opinion concerning necessity of extending "H" Street, but that there is an area east of Hilltop Drive that must be served by a street, whether or not it is "H". Mr. Fretz stated that right-of-way for "H" Street had been reserved in the county subdivi- sion of Carvalas Acres and approval of the tentative map for Palm Gardens , Dr. Giddings pro- perty, was conditioned upon dedication of the southerly 80 feet of lots .16 through 20, to oonform with the extension of "H" Street as shown on Chula Vista 's master street plan. He stated that MR. Dale Horton, prospective purchaser of one of these lots has requested the City to consider amendment of the master street plan to eliminate the extension of "H" Street. Chairman Stewart stated that existing streets will serve as a route from Hilltop Drive down to Bonita Road near its intersection with proposed Route 241 , and there is still the question as to who will dedicate and improve the street as shown on the master street plan since it is not in the City. Member Adams commended the Planning staff on its presentation of maps and history of the preparation of the master street plan. Chairman Stewart stated that when the master street plan was prepared it was recognized that houses were within what would be the extension of "H" Street directly east and it was therefore shown as running south of a direct extension. He stated that an opportunity to ge this right-of-way was lost at the time of approval of the map of Pardee-Phillips Subdivision by the City Council . Planning Director Fretz stated that the staff hopes to have` preliminary plans ready in the next few months for consideration by the Planning Commission. It was moved by Member Comstock, 'seconded by Member Harmsted and unanimously carried that the matter of amending the master street plan to eliminate an eastern extension of "H" Street be continued as recommended by the Planning Director. RESOLUTION NO. 203 - Intention to Call Public Hearing to Consider Combination of Supple- mental "P" Zone with Certain Existing C-1 and C-2 Zones 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 RESOLUTION NO. 204 - Intention to Call Public Hearing to Consider Rezoning R-3 Property to R-1 and R-2 Offered by Member Guyer , passed, adopted and approved by the following vote, to-wit: - 4 - AYES: Members: Guyer, Stevenson, Comstock, Weakland, Stewart, Harmstead and Adams . NOES: none ABSENT: none Appeal from Planning Commission Denial of Variance - J.D. Peters - 350 Third Avenue The findings of the Planning Commission denying the variance to allow operation of a retail plant nursery at 350 Third Avenue, a C-1 zone, were read. It was moved by Member Guyer , seconded by Member Harmstead and unanimously carried that the findings as read be approved and forwarded to the City Council with the addition that the variance is not necessary for preservation of a substantial property right and that the variance will be detrimental to public welfare and property and improvements in the area. ADJOURNMENT It was moved by Member Weakland, seconded by Member Harmstead and unanimously carried that the meeting adjourn to April 17, 1 ;61 . Respectfully submitted, /J 2 Audrey Stehouse Secretar