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HomeMy WebLinkAbout1962-12-17 PC MINS ..MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE -r CITY OF CHULA VISTA, CALIFORNIA December 17, 1962 The 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 the Civic Center with the following members present: Stevenson, Stewart, Comstock, Weakland, Willhite, Adams and Guyer. - Absent: None Also present: Planning Director Fretz, Assistant Planner Warren, City Attorney Duberg and Principal Engineer Harshman. STATEMENT The Secretary of the Commission hereby states that she did post within 24 hours of adjournment, as provided by law, the order of the Commission for the adjourned meeting of December 3, 1962. APPROVAL OF MINUTES It was moved by Member Comstock, seconded by Member Willhite and unanimously carried that the minutes of December 3, 1962 be approved, copies having been mailed to each member. REZONING PUBLIC HEARING - Hilltop Drive and Rienstra Street - Henry Rienstra - Interim R-1 to C-1-P The application was read in which the applicant requests rezoning for approximately 52 acres of land from interim R-1 to C-1-P, in order that a small shopping center could be built here. Assistant Planner Warren presented the plot plan. Planning Director Fretz explained the location of the proposed rezoning to other commercial zoned property, stating it was approximately one mile to the commercial zoning. He further added that this 52 acre lot would be .adequate for a neighborhood shopping center. This being the time and place as advertised, Chairman Stevenson opened the hearing. Mr. Henry Rienstra, the 'appl'icant, amplified the statements made in the application. There being no further comment, either for or against, the hearing was declared closed. Vice-Chairman Stewart suggested that the recommendation to the City Council for the rezoning be predicated upon the filing of a final subdivision map to accomplish street dedications and improvements. Asked for the staff 's comment, Mr. Fretz stated that the staff feels that this is a good location for a small shopping center; that. it is well situated since Hilltop Drive would be a major street and that it would have a minimum adverse effect on future residential properties adjacent to it. Member Comstock questioned if the Commission would be premature in granting the zone change since we are undertaking a Master Plan and this might be inconsistent with the plan. Planning Director Fretz said he didn' t think so; that the site is a natural -1- for this use and fits perfectly with the standards set up for neighborhood shopping centers. RESOLUTION NO. 253 - Recommending to City Council Change of Zone from Interim R-1 to C-1-P for property located at Hilltop Drive and Rienstra Street predicated upon the filing of a final subdivision map Offered by Member Adams , seconded by Member Guyer, passed, approved and adopted by the following vote, to-wit: AYES: Members Adams , Guyer, Stewart, Comstock, Weakland, Stevenson and Willhite NOES: None ABSENT: None The findings were based on the following: 1 . It is good zoning practice because the site adjoins a parking lot of the school on the north and adjoins the San Diego Gas and Electric Company right-of-way on the south, thus the commercial zoning will have minimal adverse effect on adjacent property. 2. The site fits well in the pattern of neighborhood shopping centers on the basis of one mile interval between facilities of this type. . 3. The adjoining property is not developed. PUBLIC HEARING - Telegraph Canyon Road and "L" Street - Robinhood Homes, Inc. R-3 to C-1-P-D The application was read in which the applicant requests a zone change from R-3 to C-I-P-D so that a small shopping center could be built. They stated there are more than 500 homes in the immediate area that are over a mile from the nearest shopping center. Assistant Planner Warren submitted a plot plan, explaining the location and its relation to the proposed Route 241 Freeway. Vice-Chairman Stewart commented that a portion of this property is City property and would have to be vacated. He suggested that the Commission postpone action on this matter until the City Council approves the vacation. It was moved by Vice-Chairman Stewart and seconded by Member Willhite that action on the zone change be continued until the meeting of January 21 , 1963. The motion carried by the following vote, to-wit: AYES: Members Stewart, Comstock, Weakland, Stevenson, Willhite, Adams and Guyer NOES: None ABSENT: None TO BE SET FOR PUBLIC HEARING - Both Sides Broadway., from "C'' to Moss Street C-2 to C-2-P A letter from the Chamber of Commerce was read in which reference was made to a report from the Broadway Association on the desirability of C-2-P zoning for all of Broadway. The letter stated that off-street parking is of extreme importance to the orderly growth and development of a major business street and that the 2 - r Board of Directors recommends that the entire length of Broadway be .zoned C-2-P, requiring new construction to provide one square foot of off-street parking for each square foot of building space. RESOLUTION NO. 254 - Resolution of Intention of the Planning Commission to Set a Public Hearing for January 21 , 1963 to Consider Change of Zone from C-2 to C-2-P for Both Sides of Broadway, from "C" to Moss Street Offered by Member Guyer, seconded by Member Stewart, passed, adopted and approved by the following vote, to-wit: AYES: Members Guyer, Stewart, Comstock, Weakland, Stevenson, Willhite and Adams NOES: None ABSENT: None CONDITIONAL USE PERMITS PUBLIC HEARING -(cont 'd) - Stephen and Dorothy Jamelske - 579 "F" Street - Business and Professional Use Assistant Planner Warren reviewed the matter and submitted a plot plan which showed six parking spaces. Planning Director Fretz explained that the public hearing was continued so that the applicant could submit a new plot plan. He said. the staff helped Mrs. Jamelske on the- parking layout. Mr. Fretz added that more cars 'could be accommodated if the garage were removed from the property. This being the time and place as advertised, Chairman Stevenson opened the hearing. Dr. S. Glanz, 67 E1 Capitan Drive, who is purchasing the property, spoke in favor of the request. He explained that this office would be used primarily for a surgeon, such as a neuro-surgeon, plastic surgeon, etc. , working in the hospital , and preferred the garage to remain so that this doctor and his nurse could park their cars in it. Vice-Chairman Stewart questioned the number of spaces provided since it was established that a doctor and nurse would occupy the spaces in the garage. There being no further comment, either for or against, the hearing was closed. Member Willhite said he felt six spaces for the one doctor occupying the building was sufficient; however, he felt the garage was an obstacle and should come out. Member Weakland agreed, saying that in time he was sure they would find this a necessity and take the garage down. Vice-Chairman Stewart commented that leaving the garage on the premises would just lend itself to storage, etc. , other than for parking, which would leave four permanent parking spaces rather than the six, Asked for the staff 's comments, Planning Director Fretz said he felt this was a good .use for the property, but it should be made to look like an office building rather than a residence and taking the garage down would help accomplish this. It was moved by Member Willhite and seconded by Member Weakland that the conditional - 3 - use permit be recommended to the City Council for approval subject to the following conditions: 1 . The garage be removed and the entire area be used for parking. 2. The parking area be covered with asphalt concrete and the parking spaces marked. = Further, that action be based on the following findings: 1 . It will not be materially detrimental to the public health, safety or welfare. 2. No hazard to persons and property from possible explosion, contamination or fire. The motion carried by the following vote, to-wit: AYES: Members Willhite, Adams , Guyer, Stewart, Comstock, Weakland and Stevenson NOES: None ABSENT: None VARIANCES PUBLIC HEARING - (Cont 'd) - Max and Eva Weinstock - 733 Broadway (C-2 Zone) Leibi and Sara Lipowsky Rear Yard Setback Reduction - 15 Feet to Zero Assistant Planner Warren submitted a plot plan and reviewed the matter fbr the Commission. The applicants request a reduction in rear yard setback from 15 feet to zero in order to construct a building. The wall would be on the property line and objections from adjacent residents at the previous meeting was the reason for the continuation so that a coordination of plans could be worked out by the applicants and the property owners. This being the time and place as advertised, Chairman Stevenson reopened the hearing. Mr. Keith Atherton, attorney representing the applicant, informed the Commission that Mr. Jack Gardner had contacted Mrs. Ackley, Henry Algert and Arthur Stephens, and a verbal agreement was made whereby Mr. Gardner agreed that construction of the rear wall would be 11 feet instead of the proposed 16 or 17 feet. He said both Mr. Algert and Mr. Stephens are no longer opposing it, but Mrs. Ackley still is. Mrs. Jerry Ack- ley, 734 Ash Avenue, assured the Commission that she was still in opposition to the wall blocking off the light and air to the patio which her son uses frequently.! She said her son is paraplegic and has a 300 % disability. Mr. Sam Copeland, 225 Landis Avenue, representing the American Legion, told the Com- mission that this organization holds the power of attorney for the Ackley boy. He asked that the Commission deny this variance. The Commission discussed the off-street parking as they felt this would have some effect on the case. Member Adams commented that he felt it would be poor planning practice to allow a building to be built on this ground covering every square foot of the site and providing no off-street parking, particularly in light of the request from the Broadway Association. He added that this proposed building would, in his opinion, be very injurious to the property in the rear. Member Guyer asked for the staff 's comments , and Mr. Fretz said he had nothing further to add except for the fact that he couldn 't see how they could get by without pro- viding any off-street parking for a retail store. It was moved by Member Guyer and seconded by Member Adams that the variance for the rear yard setback reduction be denied. Further, that the action be based on the following findings: I . - There are no exceptional circumstances in this variance that meets the requirements. 2. It would be injurious to the adjacent property. -4- The motion carried by the following vote, to-wit: AYES: Members Guyer, Stewart, Weakland, Stevenson, Willhite and Adams NOES: None ABSENT: None Member Comstock abstained from voting. PUBLIC HEARING - Robert S. Bean 273 and 277 "L" Street - Use and Setback The application was read in which the applicant requests a variance to use the R-1 lots as follows: 1 . 277 "L" Street to be developed with an R-3 use. 2. Use of 25 feet of frontage at 273 "L" Street for a driveway for the adjoining lot and use of a portion of the rear area of 273 "L" Street as parking area for units on the adjoining lot. 3. Reduction of front setback from 25 to 20 feet on lot at 277 "L" Street. Assistant Planner Warren submitted a plot plan and sketch of . the proposed development. He explained that there would be a total of 12 units: 4 one-story units in front and 8 two-story units in the rear. Vice-Chairman Stewart questioned the distance from the front apartments to the parking area in the back and was told that it would be approximately 165 feet. Twelve parking spaces were to be provided, or one space for each apartment. This being the time and place as advertised, Chairman Stevenson opened the hearing. Mr. Keith Atherton, attorney representing D-r. Bean, spoke of the transitional use allowed on this property, where one side abuts R-3 and Commercial . He added that a single family dwelling was unreasonable because of the transitional uses .Dr. Bean is allowed. Vice-Chairman Stewart asked Mr. Atherton if the applicant would be willing to place four parking spaces in front as he felt the people renting the front apartments would park their cars in the street rather than walk the distance to the rear lot. Mr. Atherton said Dr. Bean would be willing to do this. Mr. A. Withem, 273 !'L" Street, owner of the lot at 273 "L" Street which the ap- plicant is purchasing, spoke in favor the the application. He said the land in the rear was a fire hazard with nothing but weeds, etc. , growing on it. He added that the two adjacent property owners have not developed their portions of the property since landscaping this was very difficult, and with the proposed parking lot here, this would eliminate this fire hazard. Mr. Eugene Coleman, 268 Sierra Way, Mr. John Schroeder, 257 "L" Street, Mr. Carl Degour, 267 "L" Street, Robert Towers, 272 Sierra Way and Corrine Towers, 272 Sierra Way, spoke .;in opposition, stating as their reasons: parking lot in the rear - it wouldlentail more parking than 12 spaces; it would become flooded in the event of a heavy rain; renters would be of the Country Club set and would own more than one`car; a great deal of fill would be brought in to level this parking lot; the traffic hazard; deed restrictions in the Whittington subdivision prohibit this type of use. Director of Planning Fretz commented that the restrictive covenant of the deed is - 5 - between private parties and does not involve the city. ;a There being no further comment, either for or against, the hearing was closed. Vice-Chairman Stewart asked Mr. Fretz what could be built on this property without this variance. Mr. Fretz discussed the transitional aspects of the ordinance and concluded that basically the lot could only be used as R-2. The Commission discussed the size and shape of the lot and the number of units proposed to be built thereon.. Member Comstock asked for the staff's comments concerning the need for apartment buildings in the city. Mr. Fretz stated that there has been quite a bit of construction in the last three yeas, and because of this there is no apparent shortage to accommodate- the market . and that there is still considerable R-3 property available. However, the lots are small and people with 20 to 30 units in mind are having a hard time finding available land. Mr. Fretz commented on the Telegraph Canyon ditch coming through the property, and felt the Commission should have some control over this. He added that he felt the property here would never develop as R-1 , and that the standards of off-street parking should be raised if the variance is allowed. Speaking of the deed restriction on the property, Mr. Fretz stated that even though they are not enforced by the City, the City should give them consideration; recognize and understand them and, if possible, abide by them generally: Mr. Fretz then read the petition which was presented and signed by 20 property owners. It was moved by Member Comstock and seconded by Member Weakland that the appli= cation for a use variance and for reduction in front yard setback be denied. Further, that action be based on the following: 1 . The variance,, as requested, does not submit the fullest use of the property. 2. The variance will be materially detrimental to the public welfare and injurious to the property or improvements in the zone in which the property is located. The motion carried by the following vote, to-wit: AYES: Members Comstock, Weakland, Stevenson and Guyer NOES: Members Stewart, Willhite and Adams ABSENT: None SUBDIVISIONS Henry Pinnegar. Subdivision - '`Final Map Assistant Planner Warren submitted the map of the subdivision. Planning Director Fretz discussed with the Commission the widening of Fourth Avenue and the street improvements the subdivision would entail . Mr. Harshman spoke of the cost per mile to widen the street. It was moved by Member Comstock, seconded by Member Adams and unanimously carried that the final map of the Henry Pinnegar Subdivision be recommended for approval with the Engineering Department's recommendation for public improvements as shown on the tentative map. - 6 - Princess View Subdivision - Final Map Assistant Planner Warren submitted the map of the subdivision. Planning Director Fretz suggested that the slope control standards of the City of San Diego be imposed for this subdivision even though i':tcwas not a condition of the tentative map. It was moved by Member Guyer, seconded by Member Comstock and unanimously carried that the final map of the Princess View Subdivision be recommended for approval subject to the following condition: 1 . Slope control , as per the City of San Diego Slope Control specificiations be included in the improvement plans. COMMUNICATIONS Written: Request for Extension of Time on Variance - 590-92-94 "D" Street Ralph Paxton A letter was read from Ralph Paxton, Jr. requesting another extension of six months on his variance. Since a similar request has been granted before, the Com- mission unanimously agreed to continue this matter so that the staff could give. this further study. The matter was continued until the meeting of January 7, 1963. Relief from the Installation of Public Improvements - 384 Fourth Avenue A letter was read from Harold W. Turner requesting deferment of the installation of public improvements on his property located at 384 Fourth Avenue. A letter from Mr. Bill Harshman was read in which he explained that an application had been made for federal assistance in installation of wider pavement on Fourth Avenue from "F" to "H" Streets. He recommended deferment until such a time as a decision is made at the Federal level ; also, that a bond be required to guarantee installation. It was moved by Member Adams , seconded by Member Stewart and unanimously carried that the request for the deferment of public improvements for Harold W. Turner for his property located at 384 Fourth Avenue be granted subject to a 30-day written notice from the City Engineer with the condition that a lien or a cash deposit be given to the City in the amount determined by the Engineering Department as sufficient to cover the cost of these improvements. MISCELLANEOUS Report of Findings on Robert S. Bean`Appeal The report of findings was read to the Commission. It was moved by Member Comstock, seconded by Member Willhite and unanimously carried that the findings be approved, as read. ADJOURNMENT It was moved by Member Weakland, seconded by Member Adams and unanimously carried that the meeting adjourn sine die. spectfully submitted, ennie Fulasz, Secretary