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HomeMy WebLinkAbout1962-03-19 PC MINS r MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA March 19, 1962 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: Weakland, Stewart, Willhite, Adams and Guyer. Absent: Members Stevenson and Comstock. Also present: Director of Planning Fretz, 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 March 19, 1962. APPROVAL OF MINUTES It was moved by Member Guyer, seconded by Member Adams and unanimously carried that the minutes of the meeting of March 5, 1962 be approved, copies having been mailed to each member. REZONING PUBLIC HEARING - Center Street - Third Avenue to Fourth Avenue - M-1 to C-2 and Change in Building Line from 20 to 5 feet along Fourth Avenue Planning Director Fretz submitted a plat of the property and explained existing uses in the area. This being the time and place as advertised,. Chairman Stewart opened the hearing. Mrs . Mary McKiernan, owner of property at the southeast corner of Fourth Avenue and !'F" Street, spoke favoring the rezoning. Mr. Albert Boyer, representing the Bank of .America, Trust Department, for Elizabeth and R. Welton, owners of the property recently occupied by the National Lumber Company, protested the rezoning. He stated that there is not now sufficient M-1 zoning in Chula Vista to accommodate wholesaling and similar M-1 uses; the area is not vacant and existing buildings - the MOD , the old National Lumber Company and Teller 's - would be difficult to adapt to C-2 uses; the shopping center development on "F" Street backs up to Center Street and has a warehouse appearance. Mr. Boyer stated that a contractor will soon occupy the old lumber company's building. Other protests were heard from Mr. Thomas Whittingham representing the MOD; Lloyd Lee, owner of property on the corner of Center Street and Landis Avenue and Nick Amundson, purchaser of the old Teller building. A letter was read from Dr. H. I . Stevens , owner of the northeast corner of Landis Avenue and Madrona, protesting the zone change. Chairman Stewart asked for the Planning Director 's viewpoint on the relationship of this property to existing commercial zoning and on the rezoning itself. Planning Director Fretz stated that basically this industrial zoning in the heart of the city is a carry over from the days when Chula Vista was essentially an "agricultural" community. He added that quite obviously the center of town is a natural location for the Central Business District but normally you don' t find industrial zoning there - it 's a retail trade area. He pointed out some problems brought about by Chula Vista 's r zoning ordinance which has only two commercial zones and a very limited amount of M-1 zoning. He said that he felt the objections expressed were valid; that possibly the timing is not right for the rezoning of all the area at this time. He said he could see no reason to not zone that land presently used for commercial to C-2-P. Chairman Stewart stated that, as can be seen on the zoning map, this is an island of industrially zoned property in the middle of a commercial area and that rezoning was brought up at this time to learn what the property owners think about rezoning. He stated that he would be in favor of rezoning the property on the northeast corner of Fourth Avenue and Center Street since the property owners desire this. Mrs. McKiernan stated that she would now prefer her property to remain M-1 . Member Adams stated that he feels the four lots on the southeast corner of Landis Avenue and Center Street, referred to by the Planning Director, should be rezoned as they are developed commercially with one exception. RESOLUTION NO. 230 - Recommending to City Council Change of Zone for M-1 Property on Center Street, East of Landis Avenue. Offered by Member Adams , passed, adopted and approved by the following vote, to-wit: AYES: Members Adams , Guyer, Weakland, Stewart and Willhite NOES: None ABSENT: Members Stevenson and Comstock PUBLIC HEARING- South Side Quintard Street, Between First and Second Avenue - S. Muraoka - R-1 to R-3 and Change in Building Line from 25 to 10 Feet. The application was read requesting change of zone from R-1 to R-3 and change in building line from 25 to 10 feet. Planning Director Fretz reviewed land use on this and adjacent property. He stated that the Planning Commission had held interim zoning hearings on this land at the time of the annexation and at that time recommended R-3 for this particular area. Mr.. Fretz stated the Council had delayed adopting the zoning until development plans were submitted but that since the annexation was ;,completed first, the City Attorney ruled the land came into the City interim zoned R-l . This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Muraoka, 1436 First Avenue, stated that he owns the property and intends to developea mobile home park. Chairman Stewart pointed out that the hearing is concerned only with the zoning of the land and not the development. Mr. Dennis Wittman, Wittman Engineering, spoke about the design of the proposed park and how he feels it will benefit the city. Mr. Joseph Rindone, District Superintendent of the Sweetwater Union High School and Junior College District, read a letter from the school board protesting R-3 zoning. He stated that a trailer park across from the main entrance of the Castle Park Junior High School is not in the best interests of the community; reduction of setbacks will bring the trailers that much closer to the street; the city will not get as much re- venue from a trailer park as from a residential subdivision; and the proposed devel- opment will create more traffic and a parking problem in the area. Other protests were heard from Mr. Jones , Principal of Castle Park Junior High School ; Mr. Steve Paca, teacher at the school ; Mrs., Eckhart, 590 Flower Street; Mrs. Norris , of the PTA; Richard Price, 997 Barrett Avenue; Mrs. Jones , President of the PTA and Mrs. John Harpa, 927 Oaklawn Avenue. 2 - 'Mr. C. C. Alley stated that the area was annexed after the owners were assured, through the pre-zoning hearings , that their land would be zoned R-3 , and he believes this should not be changed now that the land has been annexed. Chairman Stewart stated that he appreciates the traffic problem and the lack of full street development in this area, but doesn 't think this is a valid reason for ob- jecting to the use of the land. Planning Director Fretz pointed out the proposed high school site and stated that it will block the extension of Quintard Street to the east. He stated that both the County and City recognized this at the time of approval of site, but felt its extension is not necessary with Palomar being considered a major street. Mr. Fretz said he thought that the "people were exaggerating the traffic situation. He made some comparisons of residential densities. Member Adams stated that if the property owner annexed the property on the basis that it would be zoned R-3, then R-3 zoning should not be denied unless there is some extremely good reason. He stated that he is concerned about the possible effect of a trailer park on the land to the east which could be good R-1 land. Planning Director Fretz stated that he feels the request for a 10 foot setback is not warranted. The Commission discussed the setback as related to the zoning and Member Adams stated that a 15 foot setback would be appropriate if the land is zoned R-3. Member Willhite stated that consideration should be based on the zoning of the property rather than the intended trailer park development. RESOLUTION NO. 231 - Recommending to City Council Change of Zone from R-1 to R-3 for Property on the South Side of Quintard Street, Between First and Second Avenues and Change in Building Lines from 25 to 15 feet. Offered by Member Guyer, passed, adopted and approved by the following vote, to-wit: AYES: Members Guyer, Weakland, Stewart, Willhite and Adams NOES: None ABSENT: Members Stevenson and Comstock PUBLIC HEARING - Otis Street, Smith Avenue to Broadway - Clinton Earls - R-2 to R-3 The application was read requesting change of zone from R-2 to R-3 for property on the north and south sides of Otis Street between Smith Avenue and the commercial frontage on Broadway. Planning Director Fretz submitted a plat of the area. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Earls stated that he has obtained the approval of most of the property owners for rezoning and that this would allow improvement of the property. Mr. J. H. Andert, 585 Otis Street, owner of two of the lots included in the application, protested re- zoning of his property. Chairman Stewart stated that the application is predicated on Mr. Earl 's desire to develop his property R-3 and that such rezoning might establish a precedent for other fringe property up and down Broadway and Third Avenue. He stated that in this instance, one of the property owners objects strenuously to rezoning of his land which is so located that without its inclusion, the rest of the block would not be adjacent to commercial zoning. Member Adams stated he doesn 't believe the property - 3 - is ready to be zoned R-3 - many of the houses are in good shape - and that it is doubtful that any of the owners will remove a good house. He stated that he believes it will only encourage the property owners to build a second house on the rear of the lot. Chairman Stewart questioned the possibility of providing adequate off-street parking. Mr. M.. McMillin, contractor, stated that more adequate parking can be pro- vided with access from the alley, than can normally be provided. He stated that the proposed development will improve the area and that two other property owners are ready to clear their property to. build apartment buildings. Member Willhite stated that it seems to him that with Broadway zoned commercial , this is the logical place for R-3 development. It was moved by Member Adams , seconded by Member Guyer and carried that the appli- cation for rezoning property on both sides of Otis Street, from Smith Avenue to the commercial frontage on Broadway, from R-2 to R-3 be denied as such rezoning would not be good planning practice. Member Willhite voted "no". PUBLIC HEARING - Southeast. Corner Hilltop Drive and Telegraph Canyon Road - A. 0. Dieterle R-1 to ''E-2-P and Change in Building Line from 25 to 5 Feet. The application was read requesting rezoning from R-1 to C-2-P for property on the southeast corner of Hilltop Drive and Telegraph Canyon Road. Planning Director Fretz submitted a plot plan of the proposed development and stated that the applicant pro- poses to construct a small shopping center. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Marvin Ziggman, representing the owner, stated that there is an urgent need for shopping facilities in this area and because of the peculiar geography of the property, it lends itself to such a use. He stated that it is not practical to develop the property as R-1 - a culvert runs through it and there is heavy traffic on both streets and he believes the highest and best use of the property would be a shopping center. Mr. Ziggman added that the houses on El Capitan Drive, backing up to this property, are considerably higher and would not be affected by the commercial development. . Protests were heard from Ange Mandra, 801 Vista Way; Mrs. Jack Myers , 796 Hilltop Drive; Ben Williams , 41 E1 Capitan Drive; Frank Myers , 23 E1 Capitan Drive; Roland Aland, 446 Fourth Avenue, owner of a lot at the intersection of Vista Way and Hilltop Drive; Ernie Rosell , 805 Vista Way. A petition with 18 signatures , protesting the zone change, was submitted and a letter was read from Dr. Franklin Glanz, 67 El Capitan Drive, protesting the zone change. Chairman Stewart asked for the staff 's recommendations. Planning Director Fretz stated that the applicant had discussed the request with the staff and it had been explained to them that the site - 2.55 acres - is a minimum for a neighborhood center, which should be 4 to 6 acres. He stated that the point made by the applicant about the dif- ference in elevation of the property proposed for commercial development and the ad- jacent R-1 homes on El Capitan Drive is one that was considered when the shopping center sites were approved in Halecrest Subdivision and Southwestern College Estates subdivision. Mr. Fretz stated that while this is not a clear-cut recommendation, it is a combination of thinking from a planning standpoint and the general feeling that neighborhood shopping facilities should be available with one-half mile, of homes. He stated that this is obviously not considered valid by the people in this neighborhood. The problem in this instance is complicated by site size and shape. Member Adams stated that he feels there is no necessity for shopping facilities .here as it is one mile to facilities at Third Avenue and "J" Street, one mile to the Hale- crest commercial zoning and less than a mile to Hilltop Drive and Naples Street. He - 4 - stated that he also believes this would be an intrusion of commercial into a resi- dential area. Chairman Stewart stated that he agrees with Member Adams and feels there is not sufficient residential use out Telegraph Canyon Road to support any kind of a shopping center here. It was moved by Member Guyer and seconded by Member Adams that the application of A. 0, and B. M. Dieterle for change of zone from R-I to C-2-P and change in building line from 25 to 5 feet for property on the southeast corner of Hilltop Drive and Telegraph Canyon Road be denied for the reason that it is not good planning practice. Further that action be based on the following: 1 . C-2-P zoning here would be an intrusion of commercial into a residential area. 2. There is no public necessity for commercial zoning at this time. 3. Commercial zoning would not be compatible with development in the adjacent area. The motion carried by the following vote, to-wit: AYES: Members Guyer, Weakland, Stewart, Willhite and Adams NOES: None ABSENT: Members Stevenson and Comstock PUBLIC HEARING - Northeast Corner Hilltop Drive and Telegraph Canyon Road - A. 0. Dieterle R-1 to C-2-P and Change in Building Line from 25 to 5 Feet The application was read requesting change of zone from R-1 to C-2-P for property on the northeast corner of Hilltop Drive and Telegraph Canyon Road and change in building line from 25 to 5 feet. Planning Director Fretz submitted a plat of the property. He stated that a portion of the property included in the application is actually still right-of-way of Telegraph Canyon Road. He stated that the old alignment had not been abandoned by the city when the street was realigned and the Dieterle property has actually only 56 foot frontage on Hilltop Drive and 34 feet on Telegraph Canyon Road. He stated that a letter has been submitted to the Council requesting that the old right-of-way be abandoned. This being the time and place as advertised, Chairman Stewart opened the hearing. Mrs. Dieterle, 50 "J" Street, stated that the old right-of-way is no longer needed by the city. She stated that the plans for development of the property as a service station are such that any buildings will be 10 feet from the sewer line running within the old right-of-way. Mrs. Dieterle stated that the land is not desirable for residential use but can be developed as a service station. Approximately twenty persons indicated a protest to the zone change. There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Weakland that the application for rezoning the northeast corner of Hilltop Drive and Telegraph Canyon Road to C-2-P and change in building line from 25 to 5 feet .be denied. Further that it would not be good planning practice because it would be an intrusion of commercial zoning into a resi- dential area. The motion carried unanimously. VARIANCES - 5 - PUBLIC HEARING - William McCloskey - 556-560 Flower Street - Area Variance The application was read requesting a variance for the property at 556-560 Flower Street from the requirements for accessory buildings in rear yards. The ordinance provides that accessory buildings may disregard rear and side yard requirements if they do not exceed a total of 30 feet in length and 500 square feet in area. The application requests permission to complete a previously started development of the property by extending an existing garage so that it is 94 feet long and 1880 square feet in area. Planning Director Fretz submitted a plot plan of the property. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. McCloskey stated that they plan to install a curb along the west edge of the 8 foot driveway to protect the building. Mrs. Nellie Eckhart, 590 Flower Street, stated that she wishes to protest the variance if the buildings will be closer than 5 feet to the property line. There being no further comment, the hearing was closed. Member Adams stated that because the property owner had planned and started development of the entire property before restriction of length and area- of accessory buildings , there are exceptional circumstances. Chairman Stewart agred and stated he would like to include a requirement for the installation of a curb along the driveway, if the variance is granted. It was moved by Member Guyer and seconded by Member Willhite that the request be approved and a variance be granted to allow construction of an accessory building within the rear yard at 556-560 Flower Street not to exceed 94 feet in length and 1880 square feet in area. That the approval be subject to the condition that a curb be installed along the west edge of the driveway. Further, that action be based on the following findings of fact: -, 1 . Development of the property was planned and partially completed prior to adoption of the ordinance prohibiting the size of accessory buildings. 2. If the variance is not granted, the applicant will be denied reasonable use of his property, as previously planned. 3. There were no valid objections filed to the variance. The motion carried unanimously. SUBDIVISIONS Southwestern Coy 1ege':Es,ratesFUrill.t No. 'r..n6,1 Mapr Planning Director Fretz submitted the final map and stated that there are 151 lots in Unit No. 1 and the map- includes the land reserved for a shopping center. Principal Engineer Harshman stated that the map complies with Engineering Department recommendations on the tentative map. Mr. Wayne Smith of Boyle Engineering, read a letter requesting suspension of three requirements of the subdivision ordinance, as follows.: 1 . That 6 foot utility easements be provided along rear lot lines. 2. That the map be drawn to a 100 foot scale. - 6 - s r 3. That the subdivider number all lots by block. He explained that each lot in the subdivision will be served by utility easements along the streets and that specific easements - sewer, water, etc. , - will be pro- vided if needed. Mr. Smith stated that the engineering and planning staffs agree it would be more practical to draw the map at a larger scale and to number the lots consecutively throughout the subdivision, rather than by block. The Commission discussed the desirability of providing all utilities from the rear of the lots and the difficulties encountered by the utility companies. City Attorney Duberg stated that if the Commission recommends waiver of the provision for utility easements along rear property lines, it should be required that assurance be given the city that they will be provided if needed. RESOLUTION NO. 232 - Recommending to City Council Suspension of Requirements of the Subdivision Regulations for Southwestern College Estates Offered by Member Guyer, passed, adopted and approved by the following vote, to-wit: AYES: Members Guyer, Weakland, Stewart, Willhite and Adams NOES: None ABSENT: Members Stevenson and Comstock It was moved by Member Guyer, seconded by Member Adams and unanimously carried that the final map of Southwestern College Estates, Unit No. 1 , be approved and recom- mended to City Council subject to the following conditions: 1 . That the text of the above resolution, recommending suspension of requirements , be approved. 2. That waiver of the requirements that utility easements be provided at the rear of all lots not be granted unless written assurance is given that provision will be made for utilities, if needed. COMMUNICATIONS Written A letter was read from the Board of Realtors approving amendment of the ordinance to prohibit location of real estate offices in R-3 zones with conditional use permits and going on record opposing any real estate office operated in a home in the resi- dential areas. The Commission asked that the staff prepare an amendment to the ordinance as pre- viously discussed, for study. ADJOURNMENT It was moved by Member Weakland, seconded by Member Guyer and unanimously carried that the meeting adjourn, sine die. Respectfully submitted, Audrey I/`Onehouse Secretary