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HomeMy WebLinkAboutPlanning Comm Reports/1987/04/08 AGENDA City Planning Commission Chula Vista, California Wednesday, April 8, 1987 - 7:00 p.m. City Council Chamber PLEDGE OF ALLEGIANCE - SILENT PRAYER INTRODUCTORY REMARKS APPROVAL OF MINUTES - Meeting of March 25, 1987 ORAL COMMUNICATIONS 1. PUBLIC HEARING: PCM-87-16 Consideration of an appeal of the City Zoning Administrator decision disapproving a conceptual site plan for the southwest corner of Broadway and Flower - Appel Development 2. PUBLIC HEARING: Conditional Use Permit PCC-87-35M: Request to construct a recreational vehicle storage lot located at 1450 Jayken Way - Gardner/Gretler Construction 3. PUBLIC HEARING: Variance ZAV-87-21M: Request to allow the reoccupation of a nonconforming house and a reduction in the rear yard setback at 606 Crested Butte - Carlos Lavenant DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT to the Study Session Meeting of April 15, 1987 at 5:00 p.m. in Conference Rooms 2 & 3 TO: City Planning Commission FROM: George Krempl, Director of Planning SUBJECT: Staff Report on Agenda Items for Planning Commission Meeting of April 8, 1987 1. PUBLIC HEARING: PCM-87-16: Consideration of an appeal of the City Zoning Administrator decision disapproving ~ conceptual site plan for the southwest corner oF Broadway and Flower - Appel Development A. BACKGROUND This item is an appeal by Appel Development from a decision of the City Zoning Administrator disapproving a conceptual site plan for a 1.38 acre retail commercial center at the southwest corner of Broadway and Flower Street in the C-T zone. The plan has been submitted for the sole purpose of resolving the issue of whether or not development can proceed on the 1.38 acres fronting on Broadway without regard to the adjoining 2.55 acres to the west. The Zoning Administrator's decision was rendered under the authority and principles established by the Site Plan and Architectural Approval provisions of the Municipal Code (Section 19.14.420 et seQ.). The plan is not subject to Design Review Committee approval. An Initial Study, IS-87-44, of possible environmental impacts of the project was conducted on March 27, 1987. The Environmental Review coordinator concluded there would be no significant environmental effects and recommended that the Negative Declaration be adopted. B. RECOMMENDATION 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-87-44. 2. Adopt a motion to uphold the decision of the Zoning Administrator and deny the appeal. C. DISCUSSION The principles for site plan and architectural approval enumerated in Section 19.14.470 of the Chula Vista Municipal Code provide, in part, that the siting of other structures in the immediate neighborhood shall be considered in the siting of any structure on the property; that ingress, egress and internal traffic circulation shall be so designed as to promote convenience and safety; and that these factors shall be related to the setting or established character of the neighborhood or surrounding area. It is the determination of the Zoning Administrator that these principles, when coupled with the existing zoning pattern in the area, require coordination in site planning between the subject site and the adjoining property. City Planning Commission Agenda Items for Meeting of April 8, 1987 Page 2 The site plan in question proposes a single structure arranged from north to south along the entire length of the site and thus fails to provide vehicular and visual access to Broadway for the C-T zoned acreage located directly to the west. While the property to the west has street frontage on Flower and Jefferson Streets, the proposed building location would preclude access and exposure to Broadway, the primary commercial thoroughfare. Therefore, it was the opinion of the Zoning Administrator, that with the adjacent building design, the abutting 2.55 acres had little if any potential to serve its intended commercial purpose as stated in Section 19.40.010 of the Municipal Code: "The purpose of the C-T zone is to provide for areas in appropriate locations adjacent to thoroughfares where activities dependent upon or catering to thoroughfare traffic may be established, maintained and protected. The regulations of this district are designed to encourage centers for retail commercial, entertainment, automotive and other appropriate highway-related activities. C-T zones are to be established in zones of one acre or larger, and shall be located only in the immediate vicinity of thoroughfares, or the service drives thereof." As stated in part previously, if commercial development of this adjoining area did subsequently occur, vehicular access would be required from Flower Street and/or Jefferson Avenue, which are local streets serving residential properties and a public elementary school, and thus are not intended nor designed to accommodate commercial traffic. In consideration of these resulting adverse impacts on the use and enjoyment of adjacent areas, the Zoning Administrator has been unable to find that the conceptual site plan meets the principles for site plan approval and therefore disapproved the plan as submitted. D. ANALYSIS The applicant's position is that the adjoining property is not suitable for commercial development and therefore access from Broadway is unnecessa[v (see attached letter). They hope to develop the 2.55 acres with a multiple family project, and have submitted an application to amend the General Plan and rezone the site from Thoroughfare Commercial (C-T) to High Density Residential (R-3) to be considered by the Planning Commission on June 24, 1987. The plan for the Broadway frontage, however, will in essence render the adjoining acreage unsuitable for thoroughfare commercial use despite any position the Commission or Council may take with regard to the General Plan amendment/rezoning. In support of their position, the applicant also cites an earlier proposal for multiple family development on the 2.55 acres which was supported by staff and the Commission. The proposal was submitted in 1985 under the conditional use permit process which was then available for the establishment of multiple family developments in the C-T zone provided the project was located at least 200 ft. back from the street frontage. City Planning Commission Agenda Items for Meeting of April 8, 1987 Page 3 Both the staff and Commission (6-0) found the earlier proposal suitable for the site and recommended approval. The Council later denied the request, however, and then amended the Code so that the conditional use pemit process could no longer be used for this purpose. The Council indicated concern with additional residential density in the area and the loss of a relatively large tract of commercial acreage. They al so believed that any proposal to use commercial property for residential uses should be evaluated under the broader context of the General Plan and rezoning process rather than by way of a conditional use permit. E. CONCLUSION For the reasons noted in Section C above, we recommend that the Commission uphold the decision of the Zoning Administrator and deny the appeal. Based upon the present zoning pattern, the site in question should provide access to Broadway for the adjoining commercial property. The appropriate manner in which to address the land use issues advanced by the applicant are through the legislative process by way of a General Plan amendment and rezoning rather than by way of a site plan. The applicant's request for a General Plan amendment and rezoning is scheduled for consideration by the Commission in June and by the Council shortly thereafter. WPC 3741 P CHULA VISTA STF --ET '--~-~ ;~ -- ~Z --- ~-- :ASSELMAN STREET ~~ PCM-87-16  APPEL 2oo' 4oo~ DEVELOPMENT CORP. negative declaration: PROJECT NAME: Broadway/Flower Shopping Center PROJECT LOCATION: Southwest Corner of Broadway and Flower Street PROJECT APPLICANT: Appel Development Corp. CASE NO: IS-87-44 DATE: March 27, 1987 A. Project Setting The project is located within the urbanized area of Chula Vista at the southwest corner of Broadway and Flower Street. The project site was the operation of various automobile sales and mobile home related sales. The site, like many areas of Chula Vista, is likely to contain expansive soils, this is a condition that can be treated through remedial grading. Because the site and surrounding area have been previously urbanized, there are no sensitive natural nor cultural resources present. All urban infrastructure systems are present to serve the project. B. Project Description The project involves the construction of a one story retail commercial building with 17,080 sq. ft. of floor area. Eighty-eight parking spaces are provided on the Broadway side and to the rear of the structure, access would be from both Flower Street and Broadway. The parking would be screened with landscaping. Precise land uses are not know at this time. C. Compatibility with Zoning and Plans The proposed project is in 'conformance with both the zoning of the property (C-T} and the General Plan. D. Identification of Environmental Effects The only potentially significant environmental impact which may result from this project is the probable presence of expansive soils. This impact can and will be mitigated through remedial grading of the property. E. Findings of Insignificant Impact 1. The project site is currently urbanized and no sensitive resources will be impacted. All infrastructure components are available to serve the project. city of chula vista planning department environmental review section (~HUI.~ Vl~l'Af. 2. The project conforms to the General Plan and zoning, and therefore, will not achieve any short-term goals to the disadvantage of long-term goals. 3. Because of the scale of project and the urbanized nature of the project area there will be no significant cumulative impact. 4. Standard development regulations and performance standards will preclude any adverse impact on human beings. F. Consultation 1. Individuals and Organizations City of Chula Vista: Mando Liuag, Associate Planner Roger Daoust, Senior Civil Engineer Duane Bazzel, Associate Planner William Wheeler, Building and Housing Department Carol Gore, Fire Marshal Chuck Glass, Traffic Engineer Steve Griffin,'Associate Planner 2. Documents Chula Vista General Plan Chula Vista Municipal Code IS-78-5 IS-78-17 IS-78-69 IS-79-16, The Initial Study application and evaluation forms documenting the findings of no significant impact are on file and available for public review at the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. ENVIRO~I~ENTAL REVIEW COORDINATOR WPC 3740P EN 6 (Rev. 5/85) city of chula vista planning department CI~OF environmental review section CHUIA VIS-i'A, Appel Development CORPORATION March 12, 1987 Mr. George Krempl Director of Planning/Zoning Administrative 276 Fourth Avenue Chula vista, CA 92010 RE: APPEAL OF ZONING ADMINISTRATOR'S DECISION OF MARCH 10, 1987 Dear Mr. Krempl: This letter shall constitute our written Notice of Appeal to the Zoning Administrator's decision of March 10, 1987, relating to the conceptual Site Plan for the 1.38 site at the southwest corner of Broadway and Flower Street ("the Site"). The decision apparently relies on the stated desire to require coordination in site planning "between the subject site and the adjoining acreage." This desire is further explained in the decision by noting that the C-T zoned acreage to the west must have access through the Site in order to serve its "intended commercial purpose." We respectfully suggest that the authority provided to the Zoning Administrator by Chapter 19.14 of the Chula Vista Municipal Code, to promote the orderly and harmonious development of the City, will be better served by approving the Site Plan as submitted. The Site Plan is consistent with the requirements of the zone, the conditionally approved Tentative Map and the recommendations of the Planning Department during hearings for the Multiple Residential Permit Application considered for the western portion of the property last year. As noted by the Planning Department, the western portion is not an appropriate location for commercial use due to its proximity to the school, the adjoining residences and the lack of access to a thoroughfare. The proposed Site Plan does not alter the -existing constraints on the property's use. The Chula Vista Muncipal Code Site Plan requirements are intended to address development, through design and architectural review, of individual sites. A review of Section 19.14.470 reveals an intent to construct well designed structures harmonious to the 2254 San Diego Avenue, Suite 200, San Diego, CA 92110-2925 (619) 291-7647 established character of the surrounding area. The decision by the zoning Administrator attempts to use the Site Plan requirement as a mechanism to rectify past planning mistakes on property adjoining the site under consideration and to insure that an inappropriately planned parcel remain vacant and unusable. In addition, the adverse impact of providing access through the Site would be significant and contrary to the planning principles stated above. Thank you for the opportunity to respond to the issues raised in the Notice of March 10, 1987. We look forward to resolving the difference of opinion at the Planning Commi'ssion hearing of April 8, 1987. Sincerely, Project Manager ~ RB/ci cc: Charles Gill Tony Ambrose City Planning Commission Agenda Items for Meeting of April 8, 1987 Page I 2. PUBLIC HEARING: Conditional Use Permit PCC-87-35M: Request to establish a recreational vehicle storage yard on leased property within the San Diego Gas and Electric right-of-was at 1450 Jayken Way - John Gardner and William Gretler The applicant for this project has requested that the hearing to consider this request be continued to the meeting of April 22, 1987, to allow time to resolve outstanding planning and engineering issues associated with the project. Staff is in concurrence with continuance of the hearing. Planning Commission Agenda Items for Meeting of April 8, 1987 Page 1 3. PUBLIC HEARING: Variance ZAV 87-21M; request for a variance from zoning regulations to allow the reoccupation of d nonconforming house an~ a reduction ~n ~he required rear yard setback from 15 feet to 5 feet from thc property line ~or a auto sales o~tice at ~ub Crested Butte - Carlos Lavenant A. BACKGROUND The applicant proposes to purchase the subject property located at 606 Crested Butte for the purpose of residing within an existing house located on the western half of the lot while operating a used car lot over the eastern portion of the property. The underlying zone for the site is C-36 general commercial, which permits the operation of a used car lot but prohibits single family residential uses. Nonconforming use regulations specify that once a legal nonconforming use, in this case the existing residence, is vacant for a period of 12 months or longer, new uses must comply with the current zoning regulations. The house at this site has been vacant for approximately 3 years. The applicant, to reoccupy the house as a single family residence, must request a variance from nonconforming use regulations section 6865. In addition to this, since the applicant proposes to construct an auto sales office on the property within the 15 foot rear yard setback, a variance from setback regulations is also required to place the sales office 5 feet from the rear property line. The Montgomery Planning Committee, at their meeting of April l, 1987, voted to recommend approval of the variance subject to revisions of conditions of approval recommended by staff. Those revisions have been incorporated into the proposed conditions of approval included in this report. B. RECOMMENDATION 1. Based on findings contained in Section "E" of this report, adopt a motion to approve the request, ZAV 87-21M, to resume a nonconforming residential use within a commercial zone and reduce the required rear yard setback from 15 feet to 5 feet for construction of an auto sales office, subject to the following conditions: a. A landscape and irrigation plan of the auto sales lot shall be submitted for review and approval by the City Landscape Architect, and landscaping installed per the approved plans prior to commencement of the auto sales use. Landscaping shall be maintained in accordance with the City Landscape Manual. Planning Commission Agenda Items for Meeting of April 8, 1987 Page 2 b. Prior to occupancy of the existing residence, the applicant shall request a compliance survey of the structure by the Department of Building and Housing to insure that the residence remains as a habitable structure. Deficiencies noted within the structure which in the opinion of the Building and Housing Department threaten the habitability of the residence shall be corrected prior to occupancy. c. The proposed garage addition to the residence shall be completed prior to occupancy of the property. d. Elevations of the proposed 6 foot block wall separating the residence from the auto sales lot shall and a paving plan for the auto sales lot be submitted for review and approval by the Planning Department. Plans approved must be implemented prior to use of the property as an auto sales lot. e. Failure to comply with all conditions of the variance shall be grounds for review by the Planning Commission and possible revocation. The following items are not conditions of approval but are reguired under the authority of the City of Chula Vista Municipal Code: 1. The proposed driveway must comply with the City of Chula Vista Construction Standard Number one. In addition, a 24 foot minimum width driveway is reguired for two way traffic. 2. A construction permit will be required for any work performed in the street right-of-way. 3. Windows within 10 feet of the property line must be protected. 4. Walls within 20 feet of the property line must be 1 hour construction firewalls. 5. The proposed sales office and rest room must comply with current handicap regulations. 6. One handicap parking space must be proved on-site for the auto sales use. C. DISCUSSION Adjacent zoning and land use North C-36 veterinary hospital South R-S-7 single family residences East C-36 commercial and retail offices West R-S-7 single family residences Planning Commission Agenda Items for Meeting of April 8, 1987 Page 3 Existing site characteristics The project site is a 16,000 square foot rectangular lot of a relatively shallow depth of 80 feet. An existing residence and a detached garage currently occupy the site. A slope bank exists along the front of the property adjacent to the right-of-way, which increases from 1 foot to 3 feet from the eastern corner of the front of the lot to the west. Portions of the slope are contained within a retaining wall whose maximum height is 3 feet. Proposed use The proposed project would include demolition of the detached garage and construction of an auto sales lot accommodating approximately 19 vehicles. A replacement garage is proposed to be constructed as an attached addition to the residence. A 224 square foot sales office would be placed in the northeast corner of the lot 5 feet from the rear and side property line. The auto sales lot located on the easterly half of the lot would be separated from the residence by a 6 foot block wall to be located five feet from the residence structure. D. ANALYSIS The variance request to reoccupy the residence and construct an auto sales office within the rear yard was originally filed as a request for approval by the Zoning Administrator. However, a written protest against the project was received prior to consideration by the Zoning Administrator along with a petition asking for denial of the variance signed by 30 residents of Crested Butte, Broadway and Jefferson Avenue. The principal objection made by the residents in the vicinity of the project was to the establishment of the used car lot on the property. Photos were submitted of auto sales lots along Broadway in the general vicinity of the project which the residents consider to be aesthetically unpleasing and marginally viable commercial uses. The written protest states that auto sales lots must be located along busy thoroughfares to be economically viable; however, the proposed project is 75' to 100 feet away from Broadway and would be located on a residential street. While staff agrees that this may be an unwise business location for a used car lot, the variance request does not include the question of whether a car lot should be allowed at this location since it is already a permitted use in a C-36 zone. Should the variance be denied, a car lot could still occur as long as the existing house is not reoccupied as a residence and the sales office is in compliance with the required 15 foot rear yard setback. With respect to reoccupation of the residence on the property, and encroachment into the rear yard setback, staff is of the opinion that findings for approval of the variance request can be made and recommend approval of the variance. The house is adjacent to a single family residential neighborhood and would serve as a buffer to a certain extent between the commercial and residential uses permitted along that zone boundary. Planning Commission Agenda Items for Meeting of April 8, 1987 Page 4 The house is in significant disrepair; however, as a result of its vacant status for approximately three years, and may require extensive work to make it a habitable structure. For this reason, staff is recommending that a compliance survey be completed by the Building and Housing Department, and that the applicant make any required repairs to insure that the house is structurally sound prior to occupancy. This recommendation is contained in Condition B. Since the project proposes demolition of the existing detached garage and relocation of on-site parking to an attached garage addition, staff is also recommending in Condition C that a time limit of one year be placed on completion of that addition so that adequate provision for on-site parking will not be interrupted for a protracted length of time. The auto sales lot is subject to Planning Department review for design criteria as a new commercial use within Montgomery subject to the Design Review process. In this respect, Conditions A and D, which require departmental review of landscaping and fencing reflect that requirement. Finally, the request to encroach into the rear yard setback of the lot can be accommodated in staff's opinion since the shallow depth of the lot makes placement of the sales office in conjunction with adequate internal traffic circulation within the car lot difficult to design. The property adjacent to the rear of the subject property contains a veterinary hospital, and potentially conflicting residential uses, which are located south and west of the sales office, would be separated from the office by over 100 feet. Encroachment into the rear yard setback to construct the sales office allows for adequate circulation to occur without conflicting with uses occurring on adjacent properties. E. FINDINGS 1. That a hardship peculiar to the property and not created by any act of the owner exists. The property is shallow in depth so that design of an adequate internal circulation system for the proposed car lot is not possible without encroachment into the rear yard setback for placement of the auto sales lot. 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. The existing house was constructed legally under previous residential zoning and was all owed to continue as a legal nonconforming use under the present C-36 commercial zone. Continuation of the residential use as a legal nonconforming use would be in keeping with the prevailing residential uses adjacent to the subject property. Planning Commission Agenda Items for Meeting of April 8, 1987 Page 5 3. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of zoning ordinance Chapter 19.70 or the public interest. Authorization of the variance request to reoccupy a nonconforming residential use and reduce the required rear yard setback for construction of a sales office, will serve to buffer neighboring residential uses from commercial uses by continuing residential uses contiguous with the boundary between the commercial and residential zones. Placement of the sales office five feet from the rear property line will serve to provide adequate internal circulation from the car lot while affording maximum separation between the sales office building and any conflicting residential land uses. 4. That the authorizing of such variance will not adversely affect the general plan of the city or the adopted plan of any governmental agency. The variance request as proposed will not adversely affect the Chula Vista General Plan. WPC 3719P/2652P "'Ca'I°'S- La~enant ] ZAV;'87'2 :I,'M ]'l LOCATOR ~.606 CRESTED BUTTE CITY OF CHULA VISTA DISCLOSURE STATEMENT IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WiLL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. CARLOS LAVENANT ( BUYER ) 2545 PCIFIC AVE. LONG BEACH Ca. 90806 List the names of all persons having any ownership interest in the property involved. BETTY MAINWARING ROSALIE BOWERS 716 G. STREET 633 E. NAPLES CHULA VISTA Ca. 92011 CHULA VISTA Ca. 9021i 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ×× If yes, please indicate person(s) IPerson is defined as: "Any individual, firm, copartnership, joint venture, association, ) soc--6~-F~T club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary.) Signature of ~pplicant/date WPC 0701P CARLOS LAVENANT A-110 Print or type name of applicant