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1956-09-04 PC MINS
r MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE. CITY OF CHUTA VISTA, CALIFORNIA September 4, 1956 The regular meeting of the Planning Commission of the City of Chula Vista was held on the above date in the Council Chambers at Civic Center at 7:30 P.M., with the following members present: Members Menzel, Calkins, Young, Burford and Hesse® Members Absent: Crossley and Shamrell. Also Present: City Planner Scherer, Asso- ciate Engineer Harshman and City Attorney Campbell. APPROVAL OF MINUTES: It was moved by Member Burford, seconded by Member Calkins and unanimously carried that the minutes of the meeting of August 20, 1956, be approved, copies having been mailed to each membero The new member of the Planning Commission was introduced to the public and to the other Commission members` CORRESPONDENCE: A letter from Mr. Jack Perrin, representing the Bert and Bob Investment Company,_ was read, stating that when they had received a variance extending the M-1 zone to cover their entire property at 164 and 172 Broadway, they had failed to ask that they be given a 01 setback on the adjacent Flower Street, City Planner Scherer was directed to write a letter to Mr. Perrin stating that a variance request for a "O' setback on Flower Street for the length of their property, would be heard at the September 17th meeting. A letter from Mr. Robert Casey, Casey Construction Company, was read to the Planning Commissi.on. asking that he be allowed to submit a 'zone variance for the September 17th meeting. The Planning Commission directed that a letter be written to Mir. Casey stating that they will hear his variance on the September 17th meeting. PLANNING: PUBLIC HEARING m Naples Street School Annexation This being the time and place as advertised for a public hearing on the proposed annexation to the City of Chula Vista of certain property known as Naples Street School Annexation, the Chairman declared the public hearing open. Their being no communications, oral or written, either for or against the annexation, the hearing was closed. The City Planner was directed to contact the Chula Vista School Distriettating that certain recommendations had been made by the Department of Engineering and \the Planning Commission and request that the school district review them and state whether or not they can comply with the requests. These recommendations are as follows: . 1. The north half of Maples Street extended, within the prop6sed annex- ation be improved with paving' curb and gutter, sidewalk, sewer, storm drains and all utilities. - lam i 2. A 401 half-width street dedication be provided along the easterly boundary with a bond or other instrument to guarantee installation of-complete improvements at such time as property to the east may be developed. 3. Sidewalk on Naples Street shall be standard 5 foot width. 4. Complete improvement plans shall be submitted, for all public improvements including proposed grades, a minimum distance of 300 feet along the extensions (easterly and northerly) of the proposed, streets. 5. Slope rights where deemed necessary by the City Engineer, shall be provided by the Chula Vista School District to the city, prior to the signing of the improvement plans by the City Engineer. 6, That "Street°t trees be planted in the parkway on the proposed streets. PUBLIC HEARING CONTINUATION - Determining Proper 4one of "Auto Laundry" The Chairman reopened the public hearing and asked if any further comments were to be offered other than those which were presented at the meeting of August 20th. A letter from the Safety Council was read giving certain recommendations if an auto laundry should be placed at Fourth and "E" Streets. Mr. Wilson, attorney for the applicants for a car wash at Fourth and "Et' Streets, stated that he felt under the present ordinance they were entitled to construct an auto laundry their and that if the ordinance is, as stated by the Planning Commission, antiquated, then his appli- cants should not be penalized. The Chairman stated that the hearing was for lo- cating an auto laundry in the proper zone and not if it were to be allowed at Fourth and "E" Street. Mr. Wilson requested that auto laundries''be permitted in a C-3 zone and that the present ordinance be amended to include such, with the area of Fourth and "E" Streets, included in the C-3 zone. The Chairman explained that by law the 'Planning Commission would not be permitted to do this unless the required public hearings were held and a zone change affected. by the City Council. This operation would take at a minimum, 90 days. PLANNING COMKISSI3D_N_RESOLUTI_ON NO. 80 - Adding an "Auto Laundry" to the Allowable Uses of an M-1 Zone® - Offered by Member Menzel, passed, adopted and approved by the. following vote, to-wit: AYES: Members: Menzel, Calkins, Young, Burford and Hesse NOES: none ABSENT: Members: Crossley and,Shamrell The Chairman explained to Mr. Wilson, the attorney for the applicants, that they can now apply for a zone variance to allow an M-1 use in a C-2 zone, if they so desire. SUBDIVISIONS Bison Subdivision - Tentative Map - Woodlawn and "H" It was moved by Member-Burford, seconded by Member Menzel and unanimously carried that - 20 the tentative map of Bison Subdivision be approved, with the following conditions: 1. That the name of the street be changed from Woodlawn Avenue to another name. 2. Show existing drainage structures. 3. Change typical section to show 10 feet from face of curb to west property line; and 19 feet from centerline to eaehh property line. Efl5T 6,J 1-)-6-n 4. Show offset cul de sac to be installed at south end of proposed street, or to center the cul de sac if additional property from the east could be obtainede 5• Show typical section of cul de sac having curb radius of 32 feet, monolithic.sidewalk and property line radius of 38 feet. 6. Reduce size of Lot 11 and shift Lot lines to north to accomodate cul de sac if necessary. 7. Approve setbacks as shown. Rego Manor - Tentative Map - Second and Montebello It was moved by Member Hesse, seconded by Member Menzel and unanimously carried that the tentative map of Rego Manor be approved, with the following conditions: 1. The installation of sidewalks on the north side of Montebello with parkway as approved by the Department of Engineering. 2. Setbacks be approved as shown. 3. Public improvements to be installed on Second Avenue adjacent to Lot 1. 4* Show typical section of Second Avenue. VARIANCES: Generia Lathen - 550 Del Mar - Use Variance - 44 signatures, 24 notices mailed The application' and letter from Mrs. Lathen was-'read requesting permission to continue the operation of a telephone answering service in her home, which operation she has been conducting for over two years, fully licensed by the city. It was moved by Member Burford, seconded by Member'1°1enzel and unanimously carried'`that the variance be granted subject to the f©1lowir, conditions: 1. No advertising signs be displayed. 2. That she conducts no "letter answering" service and receives no mail for her clients. Member Hesse stated that he feels it is not the duty of the Planning Commission, to le- galize such operations and_that circumstances such as these should be prevented by applications for business licenses being first approved by the Planning Department. - 3 - John and Ruth Blair - 97 Flower Street (96 t'D" Street) - Use - 33 noticds mailed, 5 signatures obtained The application requesting permission to construct two houses on a lot facing on "D" Street, an R-2 use in an R-1 zone, was presented to the Commission. It was moved by Member Burford, sedonded by Member Calkins and unanimously carried that the variance be granted subject to the following conditions: 1. The installation of sidewalk on "D"' Street to the extent of the applicant's property. 2. Adequate off-street parking be provided - 1 space for each dwelling unit. 3. That the existing setbacks be maintained. 4. That the property be divided and recorded ae.v per plot plan submitted, before the variance becomes effective. Harry Krause - 352 Broadway (600 "G" St.) - Use - 13 signatures, 11 notices mailed . The application requesting that the applicant be allowed to add ten additional trailer spaces to the existing Rose Arbor Trailer Court, which spaces would be in an R-3 zone, was presented to the Commission. It was moved by Member Burford, seconded by Member Menzel and unanimously carried that the variance be granted subject to the following conditions: 1. That this variance shall apply to the' full 264 feet (limit of appli- cant's property) fronting on 1IGt1 Street. 2. That the setbacks on "G" Street be observed and that this area be suitably landscaped; that a 42" high fence be constructed on the setback line separating that area from .the proposed driveway. Alfred La Cascio - 31 Bonita Road - Setback Variance - 0 signatures The applicant requested a 2 faat reduction in sideyard setback. A letter, protesting the variance, was read from the Chief Building Inspector of the City of.-Chula Vista, stating that the practice of legalizing violations of the Zoning and•Building Line Ordinance' by the granting of variances, should be stopped. He stated that if the present ordinance were amended so as to require a survey of the property before applying. for a building permit many of these problems would not arise.. Mr. James Pendleton, the present owner of the property involved, protested this variance as ..he purchaseid this property with the understanding that the house was constructed according to the plans and specification and complied•to all the rules and regulations of the City of Chula Vista, Mrs. T. J. Butcher, the property owner east of the lot in question,. protested this variance, stating that by granting it will substantially reduce the value of her property and be detrimental to the neighborhood. Mr. La Cascio the orginal owner and Mr. Pat Hart ( representing the contractor, C.L. Hart & Sons) spoke in favor of the granting of this variance saying that it had been done before. It was moved by Member Hesse, seconded by Member Buford and unanimously carried that the variance be denied for the reasons that the jurisdictional facts, as required by -4- Ordinance.,were not proven and also, because in the opinion of the Planning Com- mission, .that the practice of legalizing infractions of the ordinances, by the grant- ing of variances, has to be stopped before it jeopardizes the entire ordinance.This is reiterating a policy statement made during the meeting of the Planning Commission on September 68 1955. The applicant and the contractor were informed that several alternatives were left open to them: to appeal the decision of the Planning Commission within ten days to the City Councils 'td- acquire the necessary footage so that they could comply mith the ordinance; to move the house westward* Frank Redman - 165 and 169 Glover - Setback Variance - 1 signature obtained The application.. asking for a Of setback for a distance of 58 feet on the rear lot line for the purpose of constructLng garages, laundries and storage rooms, was read. It was moved. by Member Menzel, seconded by Member Calkins that the request for a 09 setback on the rear lot line be approved, for a distance of 58 feet as shown on the plan submitted. The motion was carried unanimously DISCUSSION With respect to the request from the Department of Engineering on a policy for street widths in relation to type of curb, gutter and sidewalk, City Planner Scherer presented to the Commission an excerpt From a report of the Subdivision Standards Committee of the San Diego County Planning Commission giving definitions and widths of the follow- ing: freeways, major streets and highways, collector streets, local streets, curb, butter and sidewalk, turning radius, etc., These standards have been approved by various groups including San Diego County Planning Congress, which is made up of all planning agencies in the county, American Society of Engineers, American Association of Highway Officials and National Committee on Urban Transportation. The matter was held over until the next meeting for further study. DISCUSSION & RECOMMENDATION City Planner Scherer asked that a letter ,be sent to the City Council requesting that all new licenses first be approved by the Planning Department, prior to issuance, in order to avoid issuing business licenses in- the wrong zones. After some discussion, it was moved by Member Menzel, seconded by Member Calkins and unanimously carried that a letter be written to the City Council, signed by Chairman Young,' ioquestingthat the Finance Officer be_.dir-6cted to have all applications for new business licenses, referred to the Planning Department for approval' in order that licenses will not be issued incorrectly. The planning Commission also directed that a letter be written to the City Council requesting that they direct the City Attorney to prepare an amendment to Ordinance No. 398 which would define business and occupation in such a manner than any type of operation could be classed as either one or the other, that this amendment alsd'in" elude the provision that before a building permit can be -issued for the construction of a building, the property lines must be located by a licensed surveyor. (This- is to be elaborated on later as to the type of buildings which would be affected.) ® 5 ® DISCUSSION A discussion was held on the need for re-writing the Planning Commission order of bus- iness and the routine followed in notifying property owners of proposed zone variances. RESOLUTION NO. 1 - Regulating the signatures to be obtained by applicants for zone variances and the manner of publication of notice of same. Offered by Member Burford, passed, adopted and approved by the following vote, to-wit: AYES: Members Menzel, Calkins, Youngi 'Burford and Hesse NOES: none .ABSENT: Members Crossley and Shamrell MISCELLANEOUS City Planner Scherer presented to the Commission an invitation to a dinner given at Disneyland Hotel by the Southern California Planning Congress, to be held on the 13th of September. PUBLIC DISCUSSION Mr. V: L. stoiaell, 669,E "F" Street talked to the Planning Commission asking the lo- cation of future streets in certain areas of the City. ADJOURNMENT: It was moved by Member Burford, seconded by Member Menzel and unanimously carried that the meeting adjourn until September 17th2 at 7:30 P.M. Respectfully submitted, Audrey Ston Ouse Secretary as