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HomeMy WebLinkAbout1962-10-01 PC MINS MINUTES OF A REGULAR MEETING t OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA October 1 , 1962 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, Stewart, Comstock, Weakland and Adams. Absent: Members Guyer and Willhite. Also present: Director of Planning Fretz, Assistant Planner Warren, Planning Draftsman Lee and City Attorney Duberg. APPROVAL OF MINUTES It was moved by Member Adams, seconded by Member Weakland and unanimously carried that the minutes of September 17, 1962 be approved, copies having been mailed to each member. ZONING PUBLIC HEARING (Cont 'd) - Grout Annexation - Interim R-3 Zoning for a Portion of the Grout Annexation Planning Director Fretz asked the Commission to. hold this until the applicant arrived at the meeting. PUBLIC HEARING - Church and Landis Avenue ("E" to "F" Streets) C-2 to C-1 Planning Director Fretz submitted a plat of the area and explained the zoning change contemplated here. This being the time and place as advertised, Chairman Stevenson opened the hearing. Mr. Robert C. Cole, 202 Church Avenue, owner and operator of the business at the corner of Church and "E" Street, spoke in opposition. He stated his property was zoned C-2 on March 1 , 1954 and has been used for an automobile parts shop and a used furniture store. He felt the change would be discriminatory. Mr. Leroy E. Hoole, 203 Church Street, also spoke in opposition. He stated .he owns the lot across the street from Mr. Cole, and that a major oil company has made him an offer on it. He felt if this was rezoned to C-1 , the oil company would re- fuse to buy the land. Mr. Fretz pointed out that a service station is listed as a C-1 use with a conditional use permit. There being no further comment, either for or against, the hearing was declared closed. Member Adams said he felt this matter should be continued so that further study could be made on it. Member Comstock asked the staff's comments on why C-1 zoning was more desirable in this area. Planning Director Fretz explained that C-2 zoning on Landis and Church Streets has been in effect for a number of years with very little development as such. He -1- added that Third Avenue has been zoned C-1 (the city)'s retail commercial zone) and the staff suggested this rezoning because it f-eels that it would improve the areas potential as a retail trade center. Chairman Stevenson said he felt this matter could be taken up with the citizens ' subcommittees. It was moved by Member Stewart, seconded by Member Weakland that the zoning of Church and Landis Avenues from "E" to "F" Streets , from C-2 to C-1 , be dropped, and that the staff suggest that the citizens ' subcommittees study it. The motion passed by the following vote, to-wit: AYES: Members Stewart, Comstock, Weakland, Stevenson and Adams NOES: None ABSENT: Members Willhite and Guyer - PUBLIC HEARING - 277 "L" Street - R-1 to R-3 The application was read in which the applicant, Robert S. Bean, 270 "L" Street, requests a zone change from R-1 to R-3 on the first vacant lot west of 273 "L" Street, stating that the land is adjacent to a commercial zone on the north and abuts an R-3 zone to the west. ' Planning Director Fretz submitted a plot plan of the area, explaining the lot has 80-feet of frontage and 230 feet of depth with a ditch running through a por- tion of the property. This being the time and place as advertised, Chairman Stevenson opened the hearing. Dr. Robert Bean, the applicant, told the Commission he felt this was a good project for the area - that apartments here would be a much better use than stores , etc. He further stated that the property is now in escrow. Those who spoke in opposition were: Mr. Robert E. Tower, 272 Sierra Way, Mr. Bradley, 222 "L" Street, who spoke for all his neighbors on "L" Street, Mrs. Rhea Brisendine, 223 "L" Street, Mrs. Alice McClain, 244 "L" Street, Mr. Eugene V. Coleman, 268 Sierra Way, Mr. Frank Hussey, 234 "L" Street, and Mr. Robert Mansard, 264 Sierra Way. They stated as their reasons: They purchased their property in an R-1 neigh- borhood, and wish it to remain as such; the traffic hazard; no plan can be assured; no need for new.apartment buildings in Chula Vista. Two petitions each signed by,.twenty-one (21) property owners were read. Member Stewart then explained that, at present, on a rezoning, the Commission can- not require that plans be brought in, and if plans were submitted, they would not bind the applicant or any future owner of the property. There being no further comment, either for or against, the hearing was declared closed. Chairman Stevenson said he felt that the proposed supplemental "D" zone would be good for this area. Member Comstock asked for the staff 's comments on why R-2 would not be more appropriate here instead of R-3. -2- I Planning Director Fretz explained that since this. lot abuts a commercial zone and an R-3 zone, the ordinance already allows a transitional use of 60-feet as an R-2 use; however, he questioned the feasibility of using it as R-2 because of the size. Dr. Bean stated that he wouldn't want to develop this property for only two units. Member Adams said he felt it would be good zoning practice to zone this R-3 , since it does adjoin commercial zoning. Member Comstock said he disagreed with Member Adams. He added that this land has been vacant for 42 years , and questioned whether any developer would find it feasible to develop it as commercial . He would like to see it R-2, with restrictions. Planning Director Fretz explained that the supplemental "D" zone would go to the Council a week from tomorrow (October 9) and then the "D" zone could be imposed within 60 days by asking that the Council approve it as an emergency measure. It was moved by Vice-Chairman Stewart and seconded by Member Adams that the public hearing be continued to the meeting of November 5, 1962, so that the supplemental "D" zone can be put on the books, and then it can be continued again if the supple- mental "D" zone is not ready. The motion carried by the following vote, to-wit: AYES: Members Stewart, Comstock, Weakland, Stevenson and Adams NOES: None ABSENT: Members Willhite and Guyer PUBLIC HEARING - Allied Contractor 's Annexation - Interim R-1 to R-1-13-20 and "A" Planning Director Fretz submitted a plat of the annexation pointing out the portions that came in as R-1 and for which R-1-13-20 and "A" have been suggested as permanent zoning. He explained that this area is of the same type topography as the Olivera Annexation which was zoned R-1-B-20 or 2-acre lots. The 300-foot strip of land belonging to United Enterprizes was shown as "A" or Agriculture zone.* This being the time and place as advertised, Chairman Stevenson opened the hearing. There being no comment, either for or against, the hearing was declared closed. Vice-Chairman Stewart commented that this zoning was essential because of the topo- graphy in this area. RESOLUTION No. 245 - Recommending to City Council the Zone Change for a Portion of the Allied Contractor 's Annexation from Interim R-1 to R-1-13-20 and i'A I I Offered by Member Adams, passed, adopted and approved by the following vote, to-wit: AYES: Members Adams, Stewart, Comstock, Weakland and Stevenson NOES: None ABSENT: Members Willhite and Guyer PUBLIC HEARING (Cont'd) - Grout Annexation - Interim R-3 Zoning for a Portion of the Grout Annexation -3- At this time, Chairman Stevenson called the public hearing on this matter. Planning Director Fretz submitted a map of the area pointing out the proposed prezoning. He reviewed the matter for the Commission, stating that it was con- tinued from the last meeting. He added that a letter had been sent to the State Highway Commission from the Commission and the Council protesting the use of this land as a maintenance site. Mr. Fretz said he talked to the State Highway and the Engineer and was in-brmed that the State Highway Commission had passed a resolution authorizing condemnation proceedings. He said Mr. Dekema said that in view of the objection filed, that the District office would not commence proceedings on this site until other alternatives had been considered. Chairman Stevenson questioned whether the Commission could take action on this matter before the "D" zone was put on the books. City Attorney Duberg told the Commission they could pass this application subject to the "D" zone being passed by the Council . Member Adams felt this should again be held until after the supplemental "D" zone hearing. PUBLIC HEARING - Amendment to Zoning Ordinance - Supplemental "D" Zone Planning Director Fretz explained the "D" zone and the amended C-1 limited commercial zone regulation, pointing out the changes that were inserted, at the suggestion of the Planning. Commission. Chairman Stevenson asked if it would be appropriate to insert the word "height" in the ordinance or would the word "architecture" be enough to control the height of the buildings. Mr. ;Fretz said he felt the commission would have control over height as it stands. Member Adams said he felt the words "optimum use" should be changed. Mr. Fretz agreed with Mr. Adams and suggested the word be changed to "reasonable." Member Comstock questioned the use of the supplemental zone if it`was imposed on a new area or remote subdivision. Mr. Fretz replied that basically its usefulness will be limited to areas that have enough existing development to have a distinct character and that its purpose would be to help maintain that existing character. This being the time and place as advertised, Chairman Stevenson opened the hearing. Mr. Leroy E. Hoole, 203 Church Street, asked if this would be retroactive if it would be passed, and Mr. Fretz said it would not; the property would have to go through rezoning in order for it to apply. Mr. Robert C. Cole, 202 Church Avenue, objected to the 'wordl!pq c in the amend- ment. Mr. Art Schuller, realtor, 549 Third Avenue, said he read the proposed amendment quite carefully and thinks it is a good one. There being no further comment, either for or against, the hearing was closed. Member Adams said he would still like to see some control set up in the ordinance for height. -4- RESOLUTION NO. 243 - Recommending to City Council Amendments to Zoning Ordinance to Establish a Supplemental "D'' Zone and Requiring Sales and Storage in C-1 Zones to be in Enclosed Buildings Offered by Vice-Chairman Stewart, passed, approved and adopted by the following vote, to-wit: AYES: Members Stewart, Comstock, Weakland, Stevenson and Adams NOES: None ABSENT: Members Willhite and Guyer It was moved by Vice-Chairman Stewart, and seconded by Member Adams that the Com- mission request the Council adopt this ordinance as an emergency ordinance due to the fact that there is one annexation pending now which desires to have the "D'' supplement. There is also a second action before the Commission which is being postponed for 30 days. Further, the action be based on the following: (1) The ordinance is necessary to preserve the public health, safety and welfare. The motion carried by the following vote, to-wit: AYES: Members Stewart, Comstock, Weakland , Stevenson and Adams NOES: None ABSENT: Members Willhite and Guyer PUBLIC HEARING - Grout Annexation - Interim R-3 Zoning for a Portion of the Grout Annexation Chairman Stevenson declared the public hearing reopened. There being no comment, either for or ,against, the hearing was closed. Member Comstock asked whether the annexation has been finalized. Planning Director Fretz said the first reading would be:�before the City Council tomorrow. The Commission discussed the proposed freeway in relation to the annexation. Vice- Chairman Stewart told the Commission that the freeway would be elevated at Bonita Road. Mr. Ferriera then told the Commission that he would be in favor of the R-3 zoning with restrictions , and asked for the "D'' supplement. Chairman Stevenson commented that they could impose this supplement and send it to Council as such, and then if :for any reason, the Council did not pass the "D'' supplement, the entire matter would then be rescinded and the annexation would come in as interim R-1 . Vice-Chairman Stewart asked the staff's comments on the status of the property as a highway equipment yard. - Planning Director Fretz said he talked to Mr. Dekema and was told the State approved the condemnation proceedings; however, they would have a different feeling on the -5- r matter if Chula Vista annexed this and opposed the site. Mr. Fretz said he had an appointment to discuss this on Thursday - the 4th. RESOLUTION NO. 244 - Recommending to City Council the interim R-3-D zoning for a portion of the Grout Annexation, with the condition that if the supplemental "D'' zone is not enacted by the City Council , that the above action be considered null and void. The resolution was offered by Member Adams , passed , approved and adopted by the following vote, to-wit: AYES: Members Adams, Stewart, Weakland and Stevenson NOES: Member Comstock ABSENT: Members Willhite and Guyer The action was based on the following findings: (1) This is considered good zoning practice because the development contemplated with -�- the "D'' zone is compatible with the area. (2) The proximity of the site to the proposed freeway interchange. CONDITIONAL USE PERMITS PUBLIC HEARING - Halecrest Estates - (Union Bank of Los Angeles) The application was read in which the applicant requests permission to erect five signs within the subdivision. They also request permission to use a garage of one of the models as a temporary sales office. Planning Director Fretz submitted a plot plan of the location and pointed out the signs and tract office. He said the applicant wishes to erect five signs , four of them measuring 4 x 8 feet and one sign 3 x 5 feet. Member Adams asked .if there were any other signs in the subdivision other than those stated in the application. The applicant said they have taken down all the other signs in this subdivision. He further stated they need the signs for directions as more than 1/3 of the people who have already bought here, were just riding around and noticed the signs. There being no further comment, either for or .against, the hearing was declared closed. Vice-Chairman Stewart stated that one of the signs located on Telegraph Canyon Road was not in the subdivision and the ordinance limits the Commission to approve those signs strictly within the subdivision. Mr. Stewart suggested this sign be moved. It was moved by Member Comstock and seconded by Member Weakland that the Planning Commission recommend approval of the conditional use permit for the Union Bank of Los Angeles advertising signs for the Halecrest Estates with the following conditions: (1) Sign #1 be relocated in the subdivision boundaries of the Halecrest.Estates. (2) The time limit to be nine months or sooner period if the homes are sold before that period of times. -6- Further , action be based on the following: (1) It will not be materially detrimental to the public health, safety or welfare. (2) There will be no damage or nuisance arising from noise, smoke, odor, dust or vibration. (3) No hazard to persons or property from explosion, etc, and no hazard created by unusual volume of traffic-r-- (4) raffic-(4) The uses are reasonably compatible with those found in real estate tracts. The motion carried by the following vote, to-wit: AYES: Members Comstock, Weakland, Stevenson, Adams and S,tewprt NOES: None ABSENT: Members Willhite and Guyer At this time, a request was made to hear the variances. VARIANCES PUBLIC HEARING - Theodore F. and Betty B. Martin - 377 Jason Place - Rear Yard Reduction . At this time, Member Comstock asked to be excused for this particular hearing. The application was read requesting a rear yard setback from 20 feet to 12 feet. Planning Director Fretz submitted a plot plan, explaining this lot was ' in Cortez Manor #3. The lot contains 9500 square feet. This being the time and place as advertised , Chairman Stevenson opened the hearing. Mr. Dick Wilson, architect. from El Cajon, explained that his clients needed a large house because they have five children. He said he had tried to adjust the house to the lot in several ways and finally decided on the present location so that the off-street parking could come in front of the house which he felt was necessary be- cause the lot is located at the. end of a cul-de-sac. He further stated that, because of the unusual shape of the lot, it was difficult to fit a large house on the lot. Mr. Alan Comstock, 652 Glover Place, said he was neutral . He is quite familiar with the area since he built his house nearby. He said 'there were 65 lots in the sub- division of which 4 lots were the same shape as this one and the property owners built their homes without any need for variances. He further added that out of the 65 lots , 21 of them were of irregular shape, and felt the Commission would be setting a precedent if they granted .this variance. Mr. Wilson commented that because the Martins have 5 children and will also plan to build a swimming pool , a large house was needed - larger than the ones Mr. Comstock spoke of. Chairman Stevenson asked for the staff's comments. Planning Director Fretz said he had little to add to those facts sent out on the memo. He said, according to their plan, the house can actually be placed 16 feet -7- from the rear lot line rather than 12 feet. Mr. Wilson commented that the Martins want to enlarge the rooms a foot or two. Vice-Chairman Stewart remarked that a great deal of land has been devoted to side yards and he felt that they would not be invading the privacy of any neighbors. Member Adams said he felt that putting a 2370 square foot house on a 9500 square foot lot was within reason, especially since this was an odd-shaped lot. It was moved by Vice-Chairman Stewart, and seconded by Member Weakland that the variance be granted to Theodore F. and Betty B. Martin, 377 Jason Place for a rear- yard reduction. from 20 feet to 12 feet. That the action be based on the following findings: (1) There are exceptional circumstances because the lot is irregular-shaped. (2) Granting this variance would not be materially detrimental to the public health, safety or welfare or 'injurious to the property or improvements in the zone in which the property is located , because it conforms to the basic setback require- ments. Lots adjacent are large and the houses are set back well away from the property line. The motion carried by the following vote, to-wit: AYES: Members Stewart, Weakland , Stevenson and Adams NOES: None ABSENT: Members Willhite and Guyer Excused: Member Comstock PUBLIC HEARING - W. R. Corey - 276 "K" and Vacant Land to East - R-3 Use in R-1 Zone The application was read in which the applicant requests permission to develop land zoned R-1 (approximately 2.9 acres) with apartments , an R-3 use. Planning Director Fretz submitted a plat and explained that a maximum of 32 units were planned with fifty-five parking spaces to be provided. The apartments would be de- luxe units with each unit containing approximately 1300 square feet. There would be a 25-foot driveway around the entire lot and a bridge would be built over the Telegraph Canyon drainage way. This being the time and place as advertised , Chairman Stevenson opened the hearing. Mr. Andrew Henry, real estate broker, representing Mr. Corey spoke in favor of the development. He told the Commission that the architect that designed the apartments has won many awards in this field; that the apartments would be renting for between $200 to $300 per month. He further added that the applicant asked for a zone variance so that the City could have complete control over the development. ` Those who spoke in opposition were: Mr. Jack L. Thurman, 245 Sierra Way; Mr. Eugene A. Ahern, 228 San Miguel Drive; Mr. Adams , 224 "K" Street:; Mr. John F. Lindquist, 786 Del Mar Avenue; Mr. W. C. Daniels , 238 Sierra Way; Mildred Hunt, 202 Sierra Way; Walter T. Gorrell , 230 "K" Street; Pauline Dorso, 224 Sierra Way and a letter was read from W. E. Harshman, 224 San Miguel Drive. They stated as their reasons: -8- Invasion of privacy; traffic hazard; it would bring in transients; no buffer zone because applicant is asking for change from R-1 to R-3; devaluate their homes; object to 6-foot concrete block wall around the development; it is economically feasible to develop this as R-1 . A petition was presented signed by 35 property owners: 1 on "I_" Street; 18 on Sierra Way and 16 on San Miguel Drive. Chairman Stevenson said he felt that the supplemental "D" zone should be applied to the development. Member Comstock stated he was in favor of the wall because of the perimeter type of driveway going around the outside of the proposed development, rather than the inside. He said the block wall would eliminate some noise and block off the lights from the automobiles. Mr. Corey explained that heis a member of the Country Club and started this project because several members have expressed a need for apartments near the golf course. He added that most of the traffic that would come out on Del Mar would be golf carts. He also stated, that the Thriftimart Company, owning the adjacent land plan eventually to have a shopping center here. Chairman Stevenson asked for the staff 's comments. Planning Director Fretz reviewed the matter. He said the staff feels that the com- mercial facilities here will be developed as the City grows. As to the number of apartments: the architect has informed Mr. Corey that 32 units is maximum. He com- pared the population density of 28 apartments with 2 people per unit to 12 homes with 32 or 4 people per unit. He added that the cost of the development is the thing that would determine the type of occupancy here, not who owns it. He also felt that the objections to increasedtraffic on Del Mar were reasonable and suggested that this entrance should be used as a minor entrance and emphasis be placed on the "K" Street frontage. Mr. Corey then stated that he would narrow the Del Mar road down so that it would be used only for golf carts and no automobile traffic at all . There being no further comment, either for or against,the hearing was declared closed. The Commission discussed the parking and Member Comstock asked whether a check had been made with the Police and Fire Department as to the ingress and egress of the pro- perty. Planning Director Fretz said they had not; however, there is a minimum 20-foot driveway around the .property, which these departments have indicated in the past as being adequate. Member Adams said he felt this property would not be economically feasible to build as R-1 ; that it would be too expensive to put single-family dwellings here - that the drainage ditch restricts it asgreat deal to work up desirable lots here. Mr. Corey explained that Mrs. Kenworthy said she could be out of her house about the first part of the year and shortly after that. time, they would tear the house down. At the present time, however, he has no plans for that particular lot. It was moved by Member Comstock, and seconded by Vice-Chairman Stewart that the application of W. R. Corey for property located at 276 "K" Street and vacant land to -9- east for a zone variance for R-3 in an R-1 zone be denied. Further, the action be based on the following: (1) There are no exceptional circumstances applicable to the property as an R-1 use. (2) The variance is not necessary for the preservation of the substantial property right of the applicant. (3) The property can be developed as R-1 . (4) The granting of this variance would be materially detrimental to the public welfare and injurious to the property or improvements in the area in which the property is located. The motion carried by the following vote, to-wit: AYES: Members Comstock, Weakland, Stevenson, Adams and Stewart NOES: None ABSENT:Members Willhite and Guyer CONDITIONAL USE PERMITS PUBLIC HEARING - Princess Park Estates , Inc. - Signs and Tract Office At this time, the above hearing was considered. The application was read in which the Princess Park Estates , Inc. (Castle View Subdivision) requests permission to utilize a garage located on the subject property as a sales office for the purpose of se'l-ling new homes to be constructed by their company and also to erect an 8 x 16 foot sign to identify the subdivision. The request was for one year. Planning Director Fretz submitted a plot plan pointing out the sign location and the garage location mentioned in the application. He said the garage has sliding glass doors on it for its present use, and asked that the use be subject to the garage being reconverted or a carport provided after the homes have been sold. This being the time and place as advertised, Chairman Stevenson opened the public hearing. There being no comment, either for or against, the hearing was declared closed. It was moved by Member Comstock and seconded by Member Weakland that the conditional use permit for Princess Park Estates , Inc. , for an 8 x 16 foot tract sign, as sub- mitted in the plot plan be approved, based on the following conditions: (1) That the subdivider or owner reconvert the garage presently used as a tract office back to a garage or providea carport, before the sale of this model home. (2) That the use permit y8 I" not materially detrimental to the public health, safety or welfare or injurious to the property or improvements in the area in which this property is located. -10- (3) The characteristics of the use are compatible with the uses in this area. (4) The time limit be for a period of one year, or lesser period if the homes are sold before that period. The motion carried by the following vote, to-wit: AYES: ..Members. Comstock, Weakland, Stevenson, Adams and Stewart NOES: None ABSENT: Members Willhite and Guyer STREETS AND HIGHWAYS Deferral of Public Improvements - 267 East Oxford Street Planning Director Fretz told the Commission that a letter was received from the Southern California District of the Lutheran Church - Missouri Synod , owners of the property stating a survey is being made of the property, as requested by the Commission. COMMUNICATIONS Written - Meeting - San Diego County Planning Congress - October 11 , 1962 Planning Director Fretz informed the Commission of the meeting to be held at the Stardust Motor Hotel , Mission Valley. The program will be on The San Diego County Regional Plan - Objectives and Policies , and asked that any Commissioner able to attend, call the office and make reservations. ADJOURNMENT It was moved by Member Weakland , seconded by Member Comstock and unanimously carried that the meeting b6 adjourned. Respectfully submitted, Jen��ieM. Fulasz Secretary