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HomeMy WebLinkAboutPlanning Comm Reports/1981/06/10 AGENDA City Planning Commission Chula Vista, California Wednesday, June 10, 1981 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER APPROVAL OF MINUTES - Meeting of May 27, 1981 ORAL COMMUNICATIONS 1. PUBLIC HEARING: Conditional use permit PCC-81-13, request to locate counselling center for youth at 331 "L" Street - Our House, Inc. 2. PUBLIC HEARING: Conditional use permit PCC-81-14, request to construct multi-purpose recreational facility at 900 block Buena Vista Way - Bonita Valley Girls Softball Assn. 3. PUBLIC HEARING: PCA-81-8, consideration of amendment to Municipal Code covering regulation of adult recreation facilities DIRECTOR'S REPORT COMMISSION COMMENTS To: City Planning Commission From: D.J. Peterson, Director of Planning Subject: Staff report on agenda items for Planning Commission Meeting of June 10, 1981 1, PUBLIC HEARING: Conditional use permit PCC-81-13, request to locate counsellin§ center for~outh at 331 "L~' Street - Our House, Inc. A. BACKGROUND 1. Our House, !nc. is requesting permission to locate and operate a youth counselling center within an existing single family residence located at 331 "L" Street in the R-1 zone. The Our House facility is presently operating in a Commercial Office zone at 666 Third Avenue. 2. An Initial Study, IS-81-43, of possible adverse environmental impacts of the project was conducted by the Environmental Review Committee on May 28, 1981. The Committee concluded that there would be no significant environmental effects and recommended adoption of the Negative Declaration. B. RECOMMENDATION 1. Take no action on the proposed Negative Declaration. 2. Deny the conditional use permit based on the findings contained in Section "E" of this report. C. DISCUSSION 1. Adjacent zoning and land use. North R-3-G Apartments South R-1 Church, Girls' Club and elementary school East R-1 and C-C Single family dwellings and commercial West R-1 Single family dwellings 2. Existing site characteristics. The subject property is a 20,340 sq. ft. (70'x290.54') parcel located on the north side of "L" Street approximately 380 feet west of Third Avenue. The property is developed with a one story, 2,460 sq. ft. wood frame, single fancily dwelling with four bedrooms, one and a half bathrooms and an attached carport. Access is provided by a concrete driveway on the east side of the property whicq stops near the north end of the carport. The remaining part of the access is surfaced with gravel. The property is slightly higher than the street and a retaining wall is constructed adjacent to the sidewalk. There are a number of shrubs and trees on the property. An 8'-10' high solid hedge and shrub screen exists along both the east and west property lines opposite the house. 3. Proposed use. Our House, Inc. is currently in operation at 666 Third Avenue; however, they will have to vacate the premises soon and are seeking to relocate within the City of Chula Vista. The operation involves l0 employees working a total of two shifts between the hours of 8:00 a.m. and 10:OS p.m., Monday through Thursday, City Planning Commission Page 2 Agenda Items for Meeting of June 10, 1981 and between 8:00 a.m. and ll:O0 p.m. on Friday. The facility is open from 3:00 p.m. to 11:00 p.m. on Saturday. The services provided are directed to youths between the ages of 13 and 18 years, and include individual and family counselling, "Youth Participation Project" (drop-in center) and a summit probation high school classroom aimed at providing an opportunity for continuing education for youths who have dropped out of school (see attached supplemental letter). The drop-in facet of the operation is directed toward providing juvenile delinquency prevention service and involves between 10 and 25 youths a night. The operation has strict "house rules" and offenders may be barred from using the facility. Drugs and alcohol are not allowed on the premises. Most of the activities will take place inside, with some outside activity, such as volley ball. 4. Occupancy requirements. If the request is approved, the applicant will be required to make a number of interior changes to satisfy occupancy requirements of the Fire Department and Building and Housing Department. 5. Previous zoning requests on '~L" Street. There have been two previous requests to modify the land use of the single family (R-1 zoned) area along this portion of "L" Street. In 1970 the City Council denied a proposed rezoning of two lots at 315 and 321 "L" Street from R-1 to C-C or C-O. In 1976 the City Council denied a request to rezone 327 "L" ~treet (parcel directly east of the subject site) f~om R-1 to R-3-P-12. In denying the 1970 case Council expressed concern over extending co~ercial activities along "L" Street. The denial of multiple family zoning in 1976 was based in part on the relatively narrow (50' wide) lot and the inability to combine more lots in the request to provide a logically expansion for multiple family zoning. 6. Existing facility at 666 Third Avenue The existing operation on Third Avenue was approved in 1972 and has been operating with little apparent impact on adjoining land uses. Part of the success of the existing location relates to the lot size (well over one acre), separation from adjacent uses (105' in the rear, 65' in the side, and 115' in the front), the relationship to the single family area (back up to single family area). In contrast, the home on the subject property is located only 10' from the west property line and 18' from the east property line. 7. Community Service vs. Possible Nuisance. Operations such as "Our House" are recognized as offering a valuable community service to the youth of the South Bay. On the other hand, this type of land use is considerably different from what is normally expected in the R-1 zone and the day to day operations can have an adverse effect on other homes, especially if they are located close by. In my judgment, the existence of single family homes on either side of the subject property in close proximity to the property makes it difficult to make the required findings. For that reason, it is my recommendation that the application be denied. - L ........ ~ooit'[c Telephone SIERRA WAY MF Shoppingcenter SE ~ALOMAR DR. SE I ]~ I Service SF' $F1 SE VAC I SE ~ Stat/on "L" S TREE T Serv/ce Station Elementary Chur ch P School ~ C~R~  ~ Retail E ELEMENTARY ~ ......... ~ r 'ou~~~ I ~o~? , 51TE. FLAkl LOT.- City Planning Commission Agenda Items for Meeting of June 10, 1981 Page 4 2. PUBLIC HEARING: Conditional use ~ermit PCC-81-14, request to construct multi-purpose recreational facilits a~ 900 block Buena Vista W__aS - Bonita Valley Girls Softball Assn. A. BACKGROUND 1. The Bonita Valley Girls' Softball Association is requesting approval of a conditional use permit in order to construct a multi-purpose recreational facility consisting of three soccer fields, four combination baseball/softball diamonds and offstreet parking for 75 cars on a 9.84 acre vacant elementary school site located on the west side of the 900 block of Buena Vista Way in the P-C zone. 2. An Initial Study, IS-81-42, of possible adverse environmental impacts of the project was conducted by the Environmental Review Committee on May 21, 1981. The Committee concluded that there would be no significant environmental effects and recommended adoption of the Negative Declaration. B. RECOMMENDATION 1. Adopt the Negative Declaration on IS-81-42 and find that this project will have no significant environmental impact. 2. Based on the findings contained in Section E of this report, adopt a motion approving the conditional use permit, PCC-81-4, for a multi-recreational facility to be located on the west side of the 900 block of Buena Vista Way, subject to the following conditions: a. The area shall be kept free and clear of all litter and debris and properly maintained at all times. b. The construction of any structures other than the storage shed and backstops shall be subject to the approval of the Director of Planning. c. The conditional use permit shall be subject to review by the Planning Commission after one year to determine the impact on the neighborhood and the adequacy of the conditions of approval. Pursuant to the review the Planning Commission may modify the conditions of approval or, if cir- cumstances warrant, terminate the permit. d. The backstops shall be located a minimum of 50 feet from any adjacent residential property line. e. The parking area shall be paved with a minimum of 2 inches of decomposed granite and treated with asphalt road oil in sufficient quantities and with sufficient frequency to prevent dust from reaching the adjacent residential development. f. The use of speaker systems shall be prohibited. g. The location of the portable restrooms and trash containers shall be subject to approval of the Planning Department. h. Signing shall be subject to Plannin~ Department approval. City Planning Commission Agenda Items for Meeting of June 10, 1981 Page C. DISCUSSION 1. Existing site characteristics. The subject property is a relatively level 9.84 acre vacant elementary school site with frontage along the west side of Buena Vista Way. Single family homes and park lands abut the property on the other three sides. The site has been previously graded in conjunction with the adjacent residential development and ranges between 3 feet to 15 feet lower than the homes along the northerly and westerly property lines. The homes along the southerly property line are approxi- mately 2-4 feet above the level of the field. A city park and open space canyon abut the southwesterly corner of the property. 2. Proposed facility. The applicant proposes to do additional grading consisting primarily of leveling the property to accommodate the ball fields. Improvements will consist of 20 foot high backstops, an 8'x12' metal storage shed, portable bathrooms, parking (unmarked) for approximately 75 cars and a 6 foot high chainlink fence with appropriate gates located between the parking area and the ball fields. Additional chainlink fencing will be located along a portion of the southwesterly property line where the property slopes into a shallow canyon. The fencing between the parking and ball fields will deter vehicles from driving onto the field. The facility will be used Monday through Friday, between 5:00 and 7:00 p.m., and on Saturday, 8:00 a.m. to 4:00 p.m. No nighttime activities are planned and no lights are proposed. The central 4.3 acres of the property, located between the parking area and the ball fields, will remain unimproved as will the ball fields themselves, at least for a period. Turfing of the field area is being considered at some future time. Approximately 290 girls are active in the Bonita Valley Girls' Softball Assn. and most live in the Bonita, Sunnyside, East Chula Vista area, although membership is open to the entire South Bay area. 3. Lease. At the time of this writing a formal agreement to lease the property from the school district has not been finalized. However, officials of the school district have indicated that they do not foresee any problems in approving the lease and support the proposed use. The lease is expected to be on a year to year basis. According to school officials, construction of the school is a minimum of three years away and possibly longer. This time schedule will allow the fields to operate for a minimum period of three years at this location. D. ANALYSIS 1. To some extent the noise and traffic which will be associated with this use will be similar to that associated with an elementary school which, of course. is the use originally planned for the site. However, an elementary school is usually fairly inactive and quiet during the early evening hours and on Saturday, when the subject use will be most active. It is also during those hours that many City Planning Commission Agenda Items for Meeting of June lO~ 1981 Page 6 families tend to expect to enjoy a period of quiet relaxation. For that reason, it is my opinion that the proposed use will be more disruptive to the immediate neighbors than an elementary school would be. 2. Also, an elementary school involves many nearby residents in its activities and it becomes something of a social as well as an educational hub. The proposed use is more specialized and draws from a larger area, so that fewer nearby residents are likely to participate in its activities. Thus, it tends to be more of a foreign element in a neighborhood and it may not enjoy the same "home town" feeling and acceptance that a neighborhood school does. 3. The above comments notwithstanding, the proposed use will undoubtedly be heavily used by persons residing in the East Chula Vista area, and during the summer day time hours it probably will be used for informal play by children in the immediate area. E. CONCLUSION There are factors which argue for approval of the application and factors which argue for denial. All things considered, I am recommending approval subject to the conditions listed earlier in this report. However, this is the type of application for which heavy weight should be given to the testimony which is offered at the public hearing and the evaluation of that testimony should play an important part in the Commission's decision. F. FINDINGS 1. That the proposed use at the particular location is necessary or dc~irable to provide a service or facility which will contribute to the general w~ll being of the neighborhood or the comm~unity. The proposed use will provide a needed and desirable service to the residents of the eastern portion of the city~ The fields and parking can be adequately accommodated on the 10 acre site. The site is graded and available for active uses of this type. 2. That such use will not, under the circumstances of the p,artZcular cas~, be detrimental to the health, safety or general welfare of persons resid[n~ ~r wo~king in the ~icinity, or i~jurious to property or improvements in the ~icinity The subject property is a vacant elementary school site which once developed would generate similar noise and traffic anticipated by the proposed use. The expected levels of noise and traffic are within the range of acceptability. 3. That the proposed use will comply with the ~gulations and con~tion~ specified in the code for such use. The parking area will be provided on a dust free surface. 4. That the granting of this cond~tiona~ use wiZZ not adverse/.y affect the ~eneraZ p~an of the cit~ or the a~ptmd plan ef a~w governmental agency. The General Plan will not be affected by this interim use of a designated school site. m m m m~ - VACANT .......... I SOUTHWESTERN COL L EGE PROdECT PARK "*'~' VA CANT IARDEN / "~-~'NO~H ............. CT. City Planning Commis~lun Page 7 Agenda Items for Meeting of June 10, 1981 PUBLIC HEARING: Proposed amendment of the adult recreation regulations of the Chula Vista Munici~_~ Code, and the [e~peal of the conditional use permit prerequisite to the est~ment of adult recreation uses in the C-T zones A. BACKGROUND The Chula Vista Municipal Code, under Section 19.58.024 permits the establishment of certain adult-oriented recreation businesses through the conditional use permit process. The Fourth District Court of Appeals, in the case of City of Imperial Beach v. Palm Avenue Books, Inc., held that the subjection of proposed adult businesses to the conditional use permit process mandated the discretionary review of the exercise of fundamental rights protected by the First Amendment to the U. S. Constitution, and therefore was invalid. City Attorney Lindberg has recommended that the conditional use permit requirement be deleted from Chula Vista's adult recreation regulations. This deletion is the basis of the proposed amendments, which are embodied in Exhibit A of this report. B. RECOMMENDATION: Adopt a resolution, and recommend that the City Council adopt the proposed amendment. C. ANALYSIS 1. The proposed amendments would remove the procurement of a conditional use permit as a prerequisite to the establishment of an adult-oriented business within the C-T zones of Chula Vista. This removal would bring this municipality's "Adult Recreation Ordinance" into a state of consonancy with the First Amendment's safe- guard of fundamental rights. 2. The writer does not believe that the proposed amendments would substan- tially weaken Chula Vista's "Detroit Plan" adult recreation regulations. These regulations, even without the conditional use permit requirement, are stringent. They limit the establishment of adult-oriented businesses to the C-T zone, and prohibit such establishment within 500 feet of residential districts, churches, schools, parks, and playgrounds. Section 19.58o024 of the Chula Vista Municipal Code, furthermore requires a minimum spacing of 1000 feet between individual adult-oriented businesses. 3. The City of Chula Vista's design guidelines and criteria, as expressed in its zoning regulations and design manuals, and its design review processes provide a high level of public protection, and could prevent adult-recreational operations from utilizing external colors, graphics, or signage which would be offensive, or detrimental to the amenity or visual quality of their locales. 4. The office of the City Attorney generally supports the proposed amendment. D. CONCLUSION The requirement of a conditional use permit as a prerequisite to the establishment of an adult-recreation use is not sanctioned by the courts. The City of Chula Vista~s regulations, standards, criteria, and guidelines afford ample protection, and the conditional use permit process is not essential. Exhibit A Proposed Amendments to the Adult Recreation Zoning Regulations of the Chula Vista Municipal Code Chapter 19.40 C-T--THOROUGHFARE COMMERCIAL ZONE 19.40.020 Permitted uses. Principal permitted uses in the C-T zone are as follows: O. Adult-oriented recreation businesses, subject to the provisions of Section 19.58.024. 19.40.030 Conditional uses. Conditional uses in the C-T zone include: Proposed addenda /////// Proposed deletions Chapter 19.58 USES 19.58.024 Adult-oriented recreation A. The following described businesses are deemed to be adult-oriented recreation businesses, and shall only be permitted ~ ~6~%I~I ~ in the C-T zone. //////// Proposed deletions Deletion of the following subsection, in its entirety. 8. Additional Findings. Before the planning commission-grants a conditional use permit for an adult recreation business, it must, in addition to the findings required by Section 19.14.080, find, from the evidence presented: 1. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed; 2. That the proposed use will not tend to create conditions of blight or tend to depreciate the value of nearby properties; 3. That the proposed use will not enlarge or encourage the development of a "skid row" area; 4. That the establishment of an additional regulated use in the area will not b~ contrary to any program of neighborhood conservation; 5. That all applicable regulations of this code will be observed. ~}B~. Location Requirements. (Change subsection C to B)