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HomeMy WebLinkAboutPlanning Commission Minutes 2003/01/22 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, January 22, 2003 276 Fourth Avenue, Chula Vista ROLL CALU MOTIONS TO EXCUSE: Present: Commissioners Hall, Madrid, O'Neill, Cortes, Castaneda, Hom Staff Present: Jim Sandoval, Assistant Director of Planning and Building John Schmitz, Principal Planner Elizabeth Hull, Deputy City Attorney II Rich Whipple, Associate Planner Lynette Tessitore-Lopez, Associate Planner PLEDGE OF AllEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Hall ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC 03-15; Conditional Use Permit to install, operate and maintain a wireless telecommunications facility consisting of a 55 foot high monopine supporting twelve panel antennas, and an associated equipment area at Smart Self Storage, 816 Miller Drive. Nextel. MSC (Madrid/Cortes) (6-0) that this public hearing be continued to February 12, 2003. Motion carried. 2. PUBLIC HEARING: PCC 02-62; Conditional Use Permit for the operation of a convenience market, including the sale of alcoholic beverages, and the operation of four gasoline pumps and an automatic car wash in the mixed-use "Heritage Town Center" development located in Village One, Otay Ranch. Background: Rich Whipple, Associate Planner reported that the proposed project is to be located at the corner of East Palomar Street and Santa Rita, consisting of a 2,350 sf convenience market building that includes the operation of a 4-pump, 1,500 sf fuel dispensing island and an 800 sf automatic car wash facility located behind the convenience market. - -- ~----~,.,-~.- ".-.._---~--_.__..._-~~----~._._-,- --"----'- --~-~._~_._-_.__._,--- Planning Commission Minutes ·2· January 22, 2003 Staff Recommenation: That the Planning Commission adopt Resolution 02-62 granting a Conditional Use Permit for the operation of a convenience market, including the sale of alcoholic beverages, the operation of four gasoline pumps and a automatic car wash in the mixed-use "Heritage Town Center" development located in Village One, Otay Ranch. Public Hearing Opened and Closed 6:45. Commission Discussion: Commissioner Madrid expressed concern with potential noise impacts generated from the fueling station and car wash, particularly because of the senior housing located adjacent to the project. Mr. Whipple stated that the environmental review for this project required the preparation of a noise analysis, which after considering the conditions of approval, particularly such features as the bi-folding doors for the car wash, concluded that noise levels would be within the allowable range. Commissioner O'Neill concurred with Cmr. Madrid's comments on noise impacts. Additionally, he would like to condition the project to ensure that at least one restroom facility remain open to the public during the hours of operation. Commission Castaneda stated he was disappointed to see that there are no doors from the convenience store facing the sidewalks, thereby diminishing the pedestrian- friendly concept that other commercial uses offer. He further indicated that he would like to condition the project to ensure that no type of shelving or stacking of merchandize be allowed up against the glass in order to at least give it a sense of pedestrian-friend Ii ness. Mr. Whipple stated this too was a concern raised during Design Review, however, it was explained that the corner is elevated from the street, therefore, the slope prohibited access from the street level. MSC (Cortes/O'Neill) (6-0) to recommend approval of the project with the additional following conditions: 1) that at least one restroom facility be opened to the public during store hours of operation, 2) that the hours of operation for the car wash and the delivery of fuel and other merchandize be limited to hours as deemed appropriate by the Director of Planning and Building, and 4) that the exterior facade of the convenience store facing the sidewalks remain open without any visual impairment into the store. Motion carried. __.._ ".'_.,..._,_._ __ _._._._~__.~_ _.____.___·__~m_·_·______________"___ Planning Commission Minutes ·3· January 22, 2003 3. PUBLIC HEARING: PCC 03-30; Conditional Use Permit to construct a 1,192.5 sf detached single-family home behind an existing 737 sf single-family home at 528 Casselman Street in the R-3 Apartment Residential Zone. Background: Ms. Lopez reported that the proposal to build the home behind an existing single family home would include demolishing the existing one-car garage to be replaced by a new two-car garage in the back. The existing residence would be stuccoed and painted the same as the new residence to ensure conformity of all structures on the lot and the applicant proposes to retain existing landscaping as well as provide new landscaping throughout the lot. Staff Recommendation: That the Planning Commission adopt Resolution PCC 03-39 authorizing the construction of the second detached single family residence at 528 Casselman. Public Hearing Opened and Closed 7:00. MSC (O'Neill/Madrid) (6-0) that the Planning Commission adopt Resolution PCC 03-39 authorizing the construction of the second detached single family residence at 528 Casselman. Motion carried. 4. PUBLIC HEARING: ZA V 02-19; an appeal of the Zoning Administrator's decision to deny an application for a variance from the two-car garage requirement of the R-1 Single-Family Residential Zone. Commissioner O'Neill stepped down from the dais. Background: Ms. Lopez reported that the need to construct a two-car garage is the result of the owner's intent to split the existing lot into two lots in order to be able to take a mortgage out on the front lot. Section 19.62.180 of the Municipal Code required that all dwelling units in the R-1 Zone shall have constructed on the same lot a two-car enclosed garage. The lot split would assign the four-car garage to 616 Second Avenue (The Greg Rogers House) making 614 Second Avenue (The Nadine Davies House) a non- conforming use without a garage. The Zoning Administrator denied the request because it does not support the findings needed to grant a variance and determined that the two-car garage could be detached and placed in the rear of the property, which would neither breach the Mills Act Contract nor affect the historic integrity of the site. The applicant also has the option to move the proposed lot line so that the front parcel would be larger than the proposed 7200 sf thus allowing more space for the required two-car garage to be built. "__'m_ _ ----------.---- ---_.."----~.~- Planning Commission Minutes ·4· January 22, 2003 The applicant has provided for the Commission's review information on the historic character of the site, and staff also has provided copies of letters stating their support for the appeal. Staff Recommendation: That the Planning Commission uphold the decision of the Zoning Administrator to deny the request for a variance from the two-car requirement of the R-1 Zone based upon the finding offacts contained in Resolution ZA V 02-19. Commission Discussion: Commissioner Madrid asked what is the allowable minimum lot size. Ms. Lopez stated that the minimum lot size requirement is 7,000 sf. The back parcel is proposed to be 13,000 + sf, with the front lot being 7,200 sf. Public Hearing Opened 7:20. Eric Fodiadi, 3241 Fifth Avenue, San Diego stated he is an architect and structural engineer and helped move the Greg Rogers house to its present location. He stated the home is massive, measuring approximately 5,900 sf, including the basement and attic, and to consider reducing the lot size on the back parcel would be unwise. The bulk of the Greg Rogers house needs a greater setback in order to fully enjoy the aesthetics of the historic two-story Craftsman home of its size. Mr. Fodiadi pointed out on an area map, a number of non-conforming lots and homes that don't have the required two-car garage. Elizabeth Hull, Deputy City Attorney II, stated as a point of clarification that the two-car garage requirement came into effect in 1969. Additionally, any code violations are addressed on a complaint basis, therefore, not having done any research on these lots, it would be inappropriate, at this time, for staff to comment on any of the non-conforming lots that were detailed earlier. Pamela Bensoussan, owner, clarified that the only reason why the non-conforming lots were brought up was not to single anybody out, but rather, to show that she is being denied property rights that others in the neighborhood enjoy. Ms. Bensoussan stated she purchased a house that required a tremendous amount of work. The house was gutted in order to install new plumbing and heating system throughout the house, but none of the finishing work had been done and the wood, which had up to five coats of paint, had simply been piled into the basement. Hiring, at great expense, a full-time finish carpenter who worked for two years, she's done an enormous amount of restoration and finishing work inside the house, striping the paint and restoring the wood to its original condition. "--.-- ..--.,.-..-.....- Planning Commission Minutes - 5 - January 22, 2003 Ms. Bensoussan indicated that the house is in urgent need of tenting for termite infestation, and in need of a new roof, replacing the old shingled roof. The house also needs painting as the paint is chipping and the house needs to be sealed from moisture. These are all urgent matters that require immediate attention in order to halt further deterioration of this historic home. The reason for her request to split the lot is to be able to have a mortgage on both houses, instead of one, in order to fund the enormous amount of restoration work that the house urgently needs, as well as the beautification of both houses. Ms. Bensoussan reiterated that the spirit of the Mills Act is a tax savings incentive for the property owner so that the money that is saved in property taxes can be channeled back into the upkeep of the property. In exchange for that, the property owner is giving back to the community a historic resource and asset that can be appreciated by the Community at large. The benefits to the City that the Historic Homes Tour has generated in recent years, is of tremendous value and has served to raise property values. Ms. Bensoussan's plan for the Greg Rogers house is also to get rid of the solid 6 foot fence and replace it with an "arts and crafts" appropriate, see-through fence. She also has plans to cut back the landscaping to make the house more visible from the street. The applicant stated that staff's recommendation to place the garage behind the spa is not an option because mature landscaping is extremely important to the integrity of the site when you are dealing with historic property. In that location is one of the biggest and oldest historic pepper tree in the entire City, which would have to be removed if there were to be a garage at that location. Commissioner Castaneda stated it appears that in order to satisfy the garage requirement, a four-car garage was built, which could serve both houses. Cmr. Castaneda suggested that the lot split could be approved if an easement were granted to the front lot to provide access to the four-car garage, thereby serving both residences. Ms. Bensoussan stated she objected to an easement in perpetuity. Commission Castaneda suggested that the easement would run concurrently with the variance and at any time that the front lot was provided with a garage, the easement would lapse. Elizabeth Hull stated that a similar option was presented to the applicant earlier this evening, and if she is willing to consider this, its something that would need further review, therefore, no action could be taken tonight. Ms. Hull further stated that a ----_._~-_._.,. ---.---------.--.-.,..,-"---- --,----- ..__._--------_...__._--_._..._-----_.._._--~ Planning Commission Minutes . 6 . January 22, 2003 concern she would have is that without an easement in perpetuity, if the variance were to go away, we would not be able to undo the lot line adjustment and would be creating a non-conforming use that we would not be able to address. Commissioner Hall recognized Ms. Bensoussan's efforts and the work she's diligently done in restoring this home, and stated that consideration should be given to amending the ordinance to exempt historical homes from some of these requirements when special circumstances are involved. David Bensoussan, reviewed some of the points that were previously raised and stated that he appreciated the Commission's openness in suggesting other possibilities in order to come to a mutual compromise. Karim McCall, 642 Second Avenue, stated her support for tonight's proposal and stated she too owns a historic home and is an advocate for historic preservation. She urged the Commission to grant the request for a variance. Public Hearing Closed 8:25. MSC (Cortes/Hom) (4-1-1) to continue this public hearing to the regular Planning Commission meeting of February 12,2003. Motion carried with Commissioner Madrid voting against. ADJOURNMENT at 8:45 p.m. to the Planning Commission meeting of February 12, 2003. - ~~ ~ Diana Vargas, Secretary to Planning Commission --~-_.._._--,-_.,' - --- - - -----.--..- .__..__~__~____ n.·______