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HomeMy WebLinkAbout1962-02-19 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA February 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: Stevenson, Comstock, Weakland , Stewart, Willhite, Adams and Guyer. Absent: none. Also present: Director of Planning Fretz and City Attorney Duberg. 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 February 19, 1962. APPROVAL OF MINUTES It was moved by 'Member Stevenson, seconded by Member Adams and unanimously carried that the minutes of the meeting of February 5 , 1962 be approved, copies having been mailed to each member. REZONING PUBLIC HEARING - Clinton Earls - North Side Otis 'Street, East of Broadway - R-2 to R-3 The application was read requesting rezoning from R-2 to R-3 of property on the north- side of Otis Street, east of Broadway. Planning Director Fretz submitted a plat of the lots involved and explained that the application was submitted, and advertised, to erroneously include lot 14, block C of La Playa Vista, which is now zoned C-2, and that the owner objects. He stated that the City Attorney indicated that inclusion of this lot does not invalidate the application. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. J. H. Andert, owner of lots 14, 15 and 16, objected to the rezoning for all three lots and stated he does not object to rezoning Mr. Earl 's lot. There being no further comment, the hearing was closed. The Commission asked whether it is permissible to include property in a rezoning application unless the owners all sign approval . Planning Director Fretz stated that the zoning regulations do permit this; that the application must be signed by the owner or representative of one -of the properties included in the application. Member Adams stated that there is no reason why Mr. Andert cannot maintain his resi- dence if the property is rezoned. Member Stevenson stated that if all the lots could be developed as one, this rezoning would seem desirable, but when the applicant re- presents only one of the lots , this obviously will not happen. Chairman Stewart stated that there is considerable R-2 development in the area and if it is desirable to zone this lot to R-3, then the entire area should be studied. Heistated he is against zoning lots 14, 15 and 16 to R-3 against the wishes of the owner. Planning Director Fretz stated that there has been a need for a study in this area for future zoning. The land use- is basically R-1 and R-2 with a few spots of R-3. r Mr. McMillin, representing the applicant, explained the error in the application and stated that he understood that Mr. Andert would not object to R-3 zoning for lots 15 and 16. Member Stevenson stated that he feels it would be a mistake to zone only the one lot and that the planning staff should make a study and submit a recommendation for the entire area. Member Guyer agreed. It was moved by Member Adams and seconded by Member Stevenson that the application for Mr. Clinton Earls for rezoning from R-2 to R-3 property on the north side of Otis Street, east of Broadway, be denied for the reason that it would not be good zoning practice, because only one lot is owned by the applicant and to zone his lot to R-3 would be spot zoning.. The motion carried unanimously. CONDITIONAL USE PERMITS PUBLIC HEARING - R. Richter - 268 "G" Street - Real Estate Office . The application was read requesting permission to operate a real estate office in the manager 's apartment at 268 "G" Street. Planning Director Fretz submitted a plat of the area showing the apartment house and the proposed off-street parking located on the north side of "G" Street. This being the time and place as advertised , Chairman Stewart opened the hearing. Mrs. Richter stated that, as explained in a supplement to her application, she does not propose to operate a business involving salesmen, parking, foot traffic and signs; that she will be the only person working from the office, utilizing her broker 's license. She stated that her business activities are restricted because of her health F- and a statement from her doctor was read to that effect. Mr. Paul Simard, 274 "G" Street, protested the permit. He stated that the traffic is already heavy and there are several real estate offices already located in the area. Mr. Cecil Sparling, representing the National City-Chula Vista Board of Realtors , protested the permit. He stated that the. Board feels there are sufficient areas zoned for business in Chula Vista and they do not want to see real estate offices scattered throughout the residential area. Chairman Stewart asked whether the real estate board would approve the elimination of this procedure from the zoning ordinance as it pertains to real estate offices. Mr. Spading said he couldn 't speak for the Board but as an individual he would be in favor of this. Mr. Mark Money protested the conditional use permit, stating that there is sufficient room in commercial zones for real estate offices and this would be a misuse of resi- dential property. A letter from the Realty Board and a petition signed by 12 property owners protesting the permit were read. Chairman Stewart stated that while he understands the need and intent of the applicant, if the business grows , it will be difficult for her to turn it down. - There being no further comment, the hearing was closed. Member Adams stated that there have been one or two instances where real estate offices in apartment buildings were turned down and that he feels this has established a policy - not to permit office uses in residential buildings under the conditional 2 - r use permit procedure. He stated that this procedure was set up to take care of the construction of office buildings in R-3 zones and rather than change the ordinance, the Commission can simply deny such requests. He stated that he is in accord with the Realty Board 's desire to limit real estate offices to commercial zones. Member Stevenson stated that he sympathizes with the applicant 's physical condition but feels that if she is able to work from her home, she can work out of another office. It was moved by Member Guyer and seconded by Member Comstock that the conditional use permit requested by Mrs. Richter for a real estate office in her home at 268 "G" Street be denied because it is not compatible with the surrounding area. The motion carried unanimously. PUBLIC HEARING (cont.) - J. D. Peters - 340 Third Avenue - Retail Plant Nursery Planning Director Fretz stated that the plans for development of the nursery are not yet ready and asked the Commission to continue the hearing to March 5 , 1962. Member Adams stated that he feels the Commission should take the position that unless plans are submitted for the next meeting, the application should be dropped. It was moved by Member Guyer, seconded by Member Adams and unanimously carried that the hearing be continued to March 5, 1962. COMMUNICATIONS Tri-County Construction Company _ Planning Director Fretz explained that the Tri-County Construction Company has pur- chased approximately 82 acres of land on the south side of Bonita Road about 1/2 mile east of the city limits now zoned for one-acre lots and is considering annexation. He submitted a preliminary layout of the property, showing- 7,000 square foot lots and pointed out the proximity of land within Chula Vista zoned for 12,000 and 20,000 square foot lots. Mr. Fretz stated that Mr. Glenn Grout, of Tri-County Construction, would like the Commission 's thinking in terms of lot sizes , before they begin preparation of a subdivision map. He stated that the Planning Commission has gone on record as approving annexation of the Bonita-Sunnyside Fire District as it is zoned in the County and he asked the Commission for its thinking on this land which is outside the fire district. Member Adams stated that if 7,000 square foot lots are approved for land immediately adjacent to the fire district, the residents of the fire district would lose confidence in the City. Member Comstock agreed and added that the policy statement of the Com- mission regarding lot sizes should not be limited to only the land within the fire district. Member Weakland stated that this is good land and should be developed with high-class residences.. City Attorney Duberg stated that while members of the Com- mission have given their opinion, the Commission cannot reach a decision on a matter not before them for action. Mr. Grout asked whether the Commission's thinking on his property would be for 1/2 acre lots as opposed to 10,000 square feet on Bonita Mesa. Chairman Stewart stated that the Commission cannot commit themselves beyond what has been said. He stated that in view of the fact that the city has zoned land nearby to R-1-B-20, if he were in Mr. Grout 's position, he would think that the trend is for larger lots in that general area. - 3 - MISCELLANEOUS Report from City Attorney - D. F. Fields - 462 Parkway City Attorney Duberg stated that he wrote to Dr. Fields on December 29, 1961 , explaining that he is in violation of the zoning requirements and that it would be necessary to obtain approval of a conditional use permit or a variance before he could continue to operate his office in his home at 462 Parkway. He stated that he has received no reply, nor has Dr. Fields applied for either a conditional use permit or a variance; therefore, he, as city attorney, will file a misdemeanor complaint against_ Dr. Fields on February 20, 1962. Industrially Zoned Land - Center Street Member Adams stated that the lumber company on Center Street, east of Fourth Avenue, is out of business and he feels the Commission should consider the rezoning of the property to C-2-P in an effort to eliminate industrial zoning in this area. He stated that he feels it is important to get something done with this area before money is invested in the property for industrial purposes. Member Weakland agreed that now would be a good time because the land is presently being used commercially. Member Adams suggested that it be put on the agenda and that the Planning Director prepare a plan for the entire area. Planning Director Fretz 'stated that there are other factors ' indicating that this might be the time for consideration of rezoning - there is a possibility of the railroad tracks being removed and the owner of the trucking business has asked for advice on proper commercial development of her property. He stated that he would like to see the Commission initiate a hearing for rezoning so that we can get the views of the other property owners as to development. Chairman Stewart stated that he believes the property owners should be contacted before a hearing is called. Member Stevenson stated that a study of the area should include the street pattern. It was moved by Member Adams , seconded by Member Guyer and unanimously carried that the planning staff draft a resolution of intention to rezone this M-1 property for submission to the Planning Commission at the next meeting. Dinner Meeting The Commission changed the date of the dinner meeting workshop to February 28, 196-2. ADJOURNMENT It was moved by Member Weakland, seconded by Member Comstock and unanimously carried that the meeting adjourn, sine die. Respectfully submitted, � Audrey Ston' ouse Secretary