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HomeMy WebLinkAbout1962-08-06 PC MINS MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, . CALIFORNIA August 6, 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, S-tewart, Comstock, Weakland, Willhite and Adams. Absent: Member Guyer. Also present: Director of Planning 1=retz, Assistant Planner Warren, City Attorney Duberg and Principal Engineer Harshman. APPROVAL OF MINUTES It was moved by Member Comstock, seconded by Member. Willhite and unanimously carried that the minutes of July 16, .1962 be approved, copies having been mailed to each member. CONDITIONAL USE PERMITS PUBLIC HEARING - (Cont'd) Virginia Jones Lederer - Northwest Corner Third Avenue and Mankato Street - Service Station Planning Director Fretz submitted a plot plan of the proposed location and reviewed the matter for the Commission, stating the hearing was first heard on May 2.1 , 1962, but was continued because of litigation pending in the Federal District Court as to the question of the title of the property. Chairman Stevenson reopened the hearing. Mr. Howard Dattan, attorney representing Mrs. Virginia Lederer stated that, as yet, no decision has been reached by the Court in regard to ownership of the property; however he felt there was no reason for postponing action and urged the Commission to approve the use permit. Mr. Calvin M. Massee, a representative of the Shell Oil Company showed the Commission a rendering of the service station. Vice-Chairman Stewart questioned the dedication for sidewalks and Mr. Massee ex- plained that 8 feet on Mankato Street would be dedicated for this and that fluores- cent type lighting would be used to eliminate the flood-lights which would be objectionable: ' Mr. Norman Seltzer, attorney for Mr. Calstrom stated he would like to have it put down on the record that he is neither for nor against having a service station on this corner. He further stated that the Court took the matter ''under advisement'' ten days ago and as yet, no decision had been reached. He asked for a two-week postponement on the matter so that they could get the de6ision from the Court; if rendered in their favor, they would be the equitable owners of the property and then they would come in and ask for their own zoning. i Chairman Stevenson asked the City Attorney for his opinion regarding this matter, and Mr. Duberg stated it was strictly a matter of policy for the Commission as to how long they want to continue the hearing. Vice-Chairman Stewart said the applicant paid his fee by order of law and therefore, he felt the case should be heard. Their being no further comments , either for or against, the public hearing was closed. Vice-Chairman Stewart asked for the staff's comments. Planning Director Fretz said the staff feels that the street dedication for sidewalk purposes should be shown as a condition. Member Weakland felt action should be taken on the matter, since an appeal could be made by either party and then the case wou�d be in court for six months or longer. It was moved by Vice-Chairman Stewart and seconded by Member Comstock that a .conditional use permit. for construction of a service.. station on the northwest corner of Third Avenue and}Mankato Street for Virginia Jrones Lederer be`granted subject toy the follow- ing conditions: (1) An 8-foot strip on Mankato Street be dedicated for sidewalk purpose,,s. (2) The service station be constructed according to the plans submitted to the Plan- ning Department. . Further, the action be based on the following: 1 (1) There will be no damage or nuisance arising from noise, -smoke, odor, dust or vibration. (2) No hazard to persons and property from possib)e explosion, contamination or fire. (3) Hazard occasioned by unusual volume o; character of traffic does not apply. (4) No off-street parking except for customers . The motion carried by the following vote, to wit: AYES: Members Stewart, Comstock, Weakland, Stevenson, Willhite and Adams NOES: None ABSENT: Member Guyer HEARING REOPENED - Chula Vista Christian Reformed Church - East "J" Street - Church Site Assistant Planner Warren reviewed the application and submitted the plot plan for the proposed church site. This being the time and place as- advertised, Chairman Stevenson reopened the public hearing. Mr. Art Schuller, representing the applicant, asked if he could be heard after the opposition presented their case. City Attorney Dubgrg stated this would be all right. Mr. Leonard Babin, 734 Monterey Street, spokesman for the group submitted a petition signed by 28 property owners, stating this represented 9031. of the people adjoining the property. He stated the residents in the area were opposed to the church site for the fpIlowing reasons: devaluation of property; no detailed plans were submitted by the applicant which would give the people in that area a picture of what is going on; there are practical difficulties in building a church on the site; and other numerous developmental problems. Mr. Art Schuller, 551 Third Avenue, realtor representing the applicant, read the following sections from the City Code: 33. 11 - uses permitted subject to conditional -2- use permit; 33.54 - off-street parking spaces; and 33.68 - conditional use permits. He said there,,.were exactly 23 churches in Chula Vista in residential zones. ,a Reverend Paul Veenstra , 53 E. Shasta Street reviewed for the Commission the fact that his committee lodoked for an area to be compatible with the type of church which they are; looked fora residential area because this was compatible with tihe City Code; didn' t want any traffic problem; showed the Commission a plot plan of the church site, providing for 86 parking spaces. He further stated that the church has ample funds to build a nice church. Mr. Wulff, architect, was in the audience. He said that his firm had developed plans for churches , schools , etc. on sites with many more problems than this site and he felt that the site was adequate. Harold Young, 325 East "J" Street, told the Commission that not one member of the church lived in that area. Mr. James Noel , 765 Mission Avenue, stated he was willing to have a church in the area. There being no further comments , either for or against, the hearing was declared closed. Member Comstock asked for the staff 's comments , especially in regard to the extension of East "J" Street and the proposed freeway. Planning Director Fretz showed on the map the location of the proposed freeway stating that it would come about one-fourth of a mile from the church site. Vice-Chairman Stewart said he felt that churches were compatible in this area and questioned whether the Commission could turn ithis down. Member Adams disagreed with Vice-Chairman Stewart in that the Commission could turn it down, however, they could not deny the conditional use permit on the basis that the people around the property didn't want a church here. Member Weakland commented that there were no valid reasons presented that would give the 'Commission a reason to deny the permit. Chairman Stevenson said he felt the valuation of the houses would only do down if the church were going to hold services in an old house, instead of building a nice church. Member Comstock disagreed with this since there seems to be a general tendency to take in the surrounding area when appraising a home. He stated there was some penalty but it was difficult to measure. He felt the Commission has set a precedent by_,putting in churches in an R-1 zone. It was moved by Member Adams , seconded by Vice-Chairman .Stewart that the application of the Chula Vista Christian Reformed Church, East "J" Street, for a conditional use permit for construction of a church as shown on the plot plan be approved subject to the following conditions: (1) Detailed plans be submitted for approval to the planning Commission before con- struction begins. Further, that findings be based on: (1) Granting this permit will not be materially detrimental to the public health, -3- safety or welfare because use as a church will not entail any noise, smoke, odor, dust or vibration and hazard to persons and property from possible explosion, con- tamination or fire. (2) Use as a church would not occasion any more traffic volume on a. day to day basis than ordinary residential use. (3) Zoning provides that churches may be located in an R-1 zone. (4) Commission considers the site suitable and adequate due to the size of the parcel (in excess of 2 acres) and its location on a major street. The motion carried by the following vote, to wit: AYES: Members Adams , Stewart, Comstock, Weakland, Stevenson and Willhite NOES: None ABSENT: Member Guyer Member Comstock stated he.was not in favor of a church in an R-1 district. Vice-Chairman Stewart was excused from the meeting at this time. PUBLIC HEARING - Grace Baptist Temple - 345 Fifth Street - Church Site The application, was read requesting a conditional use permit for construction of a church auditorium on 345 Fifth Street; the auditorium to be 35 x 70 feet. Planning Director Fretz explained that the site had been approved some 2 years ago on the basis of the use of existing buildings. He said they now propose a new church auditorium which would later serve as church school facilities, when the church temple is built, where the house now stands. He further stated that the ordinance requires 55 parking spaces. This being the time and place as advertised, Chairman Stevenson opened the hearing. Mr. Howard B. Kenworthy, 490 Center Street said he would like it to go on .record as favoring the church site and also, that he is speaking for his neighbors: Mr. and Mrs. Alton Parsons , 480 Center Street, and Mr. Nicholas Bellante, 486 Center Street. Reverend Kenneth Johnson, the applicant, told the Commission that the land would be graded and decomposed granite will be put in so that there will be no dust. The shed will be torn down when the new building goes in. There being no further comments, either for or against, the hearing was declared closed. Member Adams felt the applicant should have the parking area surfaced and marked for the 55 cars. Chairman Stevenson said he felt th_ motion should carry the condition that the building be torn down. Planning Director Fretz commented that the building which will: be torn:.---- down is the shed which is a minimum-type building. It was moved by Member Weakland, seconded by Member Adams that the conditional use permit for the Grace Baptist Temple, 345 Fifth Street, for permission to construct a church auditorium be granted, subject to the following conditions; (1) The rear shed be torn down. -4- (2) Parking area for 55 cars should be surfaced with decomposed granite, oiled, and parking stalls marked. Further, that action be based on the following: (1) There will be no damage or nuisance arising from noise, smoke, odor, dust or vibration. (2) No hazard to persons and property from possible explosion, contamination or fire. (3) No hazard occasioned by unusual volume or character of traffic. (4) In the past two years , there has been a big improvement in the property which is necessary for the use of this property. The motion carried by the following vote, to wit: AYES: Members Weakland, Stevenson, Willhite, Adams and Comstock NOES: None ABSENT: Members Stewart and Guyer VARIANCES PUBLIC HEARING - Bertha Hayes - 97 "D'' Street - Request for permission to build on easement. City Attorney .Duberg reviewed the' matter for the Commission and• also the resume of what he wrote to the applicant. The application was read requesting a variance from the zoning requirements for approval of a building site on what is assumed to be a prescriptive easement. Planning Director Fretz told the Commission that the City Council accepted a 40-foot easement along the entire westerly frontage of this property;., but it has never been dedicated; therefore, the lot is not a legal building site. This being the time and place as advertised, Chairman Stevenson opened the hearing. Mr. Claude Hayes , son of the applicant presented a deed to the property in which he said the title company shows the 40-foot easement as being taken off. Member Adams commented on the fact that people have been using this easement for approximately 17 years. Mr. Jordan Luxton, 243 Woodway Ct. , owner of the property immediately to the south, spoke about horses being left loose on the property creating a problem. Mr. Melvin Morrell , owner of the property that the alleged easementbtosse§ ,spoke in opposition stating that according to the City Code, it would be illegal for the Commission to grant this easement right. He stated he has owned the property for three years. Mr. Garrett Gregory, 68 "D'' Street, speaking also for Anthony Russo, 76 "D'' Street, and Mr. William R. Collins, 83 Minot Street, spoke in opposition stating they could -5- see no way in which the Commission can get by the easement problem. There being no further comment, the hearing was declared closed. Member Comstock questioned whether or not a landlocked property owner could file an "eminent domain" or "prescriptive easement" claim. He said he felt it was between Mr. Morrell and Mrs. Hayes to work out a solution to the problem before the Commission can act on it. City Attorney Duberg stated that the property owner can file suit against the persons using the easement, if he wants to. Member Adams felt that since there was the house on the property, the Commission should do everything they could to keep the property from deteriorating. The Commission and the Attorney discussed the question of the easement and Member Com- stock moved that the matter be continued until such time as the matter of the easement be settled, whether by the applicant or by court action. However, the motion was re- tracted and further comments were made. Planning Director Fretz, asked for his opinion, said that the City always requires im- provement to an easement, but wondered how anyone can improve a questionable easement. Member Adams suggested the motion be reinstated. It was moved by Member Comstock, seconded by Member Adams and unanimously carried that no. action be taken on the zone variance for Mrs. Bertha Hayes for property on 97 "D" Street ^aLh?=` :'a. for request to build on an easement until such time as the owner establish egress and ingress to the property in question. PUBLIC HEARING - Mr. and Mrs. Russell B. Cole - 156 Minot Street - Front and Side Set- back Reduction The application was read requesting a variance for reduction of front yard setback from 25 to 20 feet and side yard setback from 5 to 42 feet to allow construction of an addition to their dwelling. Planning Director Fretz submitted a plot plan of the proposed addition, explaining that the addition would be 6 x 14 feet. 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. Member Comstock stated that the houses on both sides of this property have approximately the same setback, and he felt that a 25-foot setback was not an excessive one in this location. He also commented on the topography of the land, the deep lot, and the fact that this property was within the Rosebank Subdivision, where the lines do not always agree. He said he felt these points constituted exceptional circumstances. Member Adams said he felt that the lines being off were justification for the 422-foot setback, however, the deep lot would not justify the front line setback, and he could not i see how this was an exceptional circumstance. Member Willhite commented on the applicant 's rear yard which necessitated a 15-foot setback. He said they had a 6-foot drop here and only a 9-foot �64s;able yard. -6- r It was moved by Member Comstock, seconded by Member Weakland that the application of Russell B. Cole of 156 Minot for front and side yard reduction be approved according to the plans submitted by the owners and only as to the plans submitted and that the front yard setback be reduced from 25 to 20 feet and the side yard from 5 to 42 feet. Further, that action be based on the fact that there are exceptional circumstances applicable to the property: (1) Due to the topography and terrain (2) The engineering difficulty of the Rosebank Subdivision. (3) The granting of such variance is necessary for the preservation of the substantial property right of the applicant because the owners have incurred considerable expense in grading and planting in the rear of the house. The motion carried by the following vote, to wit: AYES: Members Comstock, Weakland, Stevenson and Willhite NOES: Member Adams ABSENT: Members Guyer and Stewart Member Adams stated his "no" vote was based on the exceptional circumstances expressed in the motion are too general and not valid. SUBDIVISIONS Bonita Bel-Aire - Tentative Map Planning Director Fretz told the Commission that the subdivider and the engineering department are not ready, as yet, to submit the map formally for approval ; that the staff and subdivider 's engineer would like to get the commission 's reaction to several unusual design factors before proceeding. Mr. Chuck Pearson, engineer from Wittman Engineering Company, discussed the idea of "pan-handle" lots- - each lot would be served by a 15-foot easement. Planning Director Fretz stated this easement would be 175 feet in length. Each owner would have a 15-foot easement and the right-of-way to the other 15-feet. The Commission discussed the off-street parking and the location of the subdivision to the new college. Mr. Pearson said they do not plan to have sidewalks inasmuch as their minimum lot size is 20,000 square feet. Member Willhite felt the Commission should really, become familiar with the area before requesting sidewalks to go in. Mr. Pearson also ex- plained that they would like to have double frontage lots along most of Otay Lakes Road. Principal Engineer Harshman discussed the water tank which would have to go in and Planning Director Fretz said they would have to apply for a conditional use permit in this R-1 zone. The Commission stated they were in basic agreement with the points discussed. -7- STREETS AND HIGHWAYS Division of Highways - Meeting - Tuesday, September 18, 1962 - "Scenic Highways" Planning Director Fretz told the Commission he would bring this up later. Sidney E. Bigler - Trenton Street - Request for Deferment of Public Improvements A letter from the applicant was read in which he requested deferment of public im- provements on Lot 10, Block R , in the Harborside Unit #2, House No. 1144 Trenton St. Planning Director submitted a plat of the area. A letter from the Engineering Department was read in which they recommend the deferral be granted for the following reasons : (1) The property is included in an assessment district which contemplates installation of street improvements on Trenton Avenue. (2) It is impractical to withdraw the property from the proposed district at this stage of the proceedings. It was moved by Member Willhite, seconded by Member Weakland and unanimously carried that the request of Sidney E. Bigler for a deferment of public improvements on Lot #10, Block R , in the harborside Unit #2, House No. 1144 Trenton Street 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 Depart- ment as sufficient to cover the cost of these improvements. COMMUNICATIONS Ted Bell - 76 "J" Street - Request for Extension of Time on Variance A letter from Mr. Bell was read in which he asked for a two-year extension on his variance. The dwelling on his property was to be removed on or about August 1 , 1962 in order to comply with his previous variance. He stated that "due to the present economic condition and the decline of R-1 construction, it was unlikely the lot would be improved in the near future and removal of the dwelling would serve no purpose at this time." Mr. Bell further explained and showed on the map the problems involved in meeting the variance at this time. It was moved by Member Adams , seconded by Member Willhite and unanimously carried that the request of Ted Bell for an extension of time on his variance for property on 76 "J" Street which gives him an R-2 use for a limited time be extended for two years. Harbor Commission - J. W. Morgan - Request for Tideland Lease Planning Director Fretz passed out a copy of the Tidelands. Zone to each of the Members and asked for a public hearing to be held for the next meeting for the tideland lease requested by J. W. Morgan. It was moved by Member Weakland, seconded by Member Willhite and unanimously carried -8- that a public hearing be set for August 20, 1962 for the tideland lease requested by J. W. Morgan. C. Glenn Grout - Request for Prezoning to R-3 - Grout Annexation Planning Director Fretz asked the Commission for a postponement on this request for two weeks. The request for a public hearing will be brought up at the meeting of August 20, 1962. ADJOURNMENT It was moved by Member Weakland, seconded by Member Willhite and unanimously carried that the meeting adjourn to August 20, 1962. Respectfully submitted, Jennie M. Fulasz Secretary -9-