Loading...
HomeMy WebLinkAboutPlanning Comm min 1968/02/05 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFOrnIA February 5, 1968 The regular meeting of the City Planning Commission was held on the above date at 7 p.m. in the Council Chamber, 276 Guava Avenue, Civic Center, with the following members present: Stewart, York, Hyde, Gregson, Rice, Adams. Absent: (with previous notification) Member Guyer. Also present: Director of Planning Warren, Associate Planner Manganelli, Junior Planner Masciarelli, City Attorney Lindberg and Assistant City Engineer Gesley. APPROVAL OF MINUTES Member Rice noted on page 12 of the minutes concerning the motion for continuation of the Partridge matter, his name was inadvertently put down as voting "no" this should have been Member Guyer. MSUC (Rice-Adams) Approval of minutes of January 15,~ 1968, as corrected. PUBLIC HEARING - Request for rezoning of property along the south side of H Street from Fig Avenue to a point 600' west of Third Avenue - R-3 and R-2 to C-1 Ernest Schnepf and other property owners The application was read in which a request was made for rezoning from R-2 and R-3 to C-1 17 parcels of land located on the south side of H Street between Fig Avenue and the alley 600' west of Third Avenue. Director of Planning Warren submitted a plot plan of the area noting the'existing zoning and land use. He stated that the staff has taken this opportunity to submit their'study on H Streat which was requested many months ago. They had intended to withhold this study until the adoption of the new zoning ordinance; however, because of this rezoning request, they are presenting it now. What the report does is to out- line conditions on the street, the past trends, the future trends in the area, and the problems of strip commercial development. The staff recommends to the Commission that no action be taken or that they deny this request since, with the adoption of the new zoning ordinance, there will be classifications more appropriate for this area. Mr. Warren discussed possible problems of trying to develop these lots in- dividually and cited Smith and Broadway as an example. He added that at such time as the zone is available, the staff would recommend the C-O zone for the residentially zoned property and that the existing C-1 and C-2 zones be changed to C-C. He further added that the General -2- Plan places the subject property in a high density category; however, the staff will recommend that this be changed to reflect high density residential and office commercial use. Director Warren then discussed commercial requirements, noting that any such commercial development in the area should have adequate depth and with properties combined for an adequate area. This being the time and place as advertised, the public hearing was opened. Mr. Ernest Schnepf, 3672 Valley Vista Road, Bonita, owner of one of the parcels and spokesman for the applicant, noted that his mother owns an adjacent parcel to his own, stated that he has always spoken against spot zoning in the Bonita Valley, and he has also discussed the number of times he requested this particular zoning.. He declared that he would go along with the C-O zone and felt this zoning would not bring in any more a~dded traffic than presently exists today and further stated that he agreed with the report prepared by the staff. Mr. Schnepf then discussed the offstreet parking requirements as com- pared to such areas as Cardiff, Casa del Oro, Escondido and Dallas. He noted that if the C-O zone does go through, he would be required to apply for a conditional use permit in order to put in apartments. He asked that the application of this zone be expedited. Mr. Scrimiger, 415 ~hasta Street, stated he plans to make some changes at his residence and would oppose commercial zoning going in this area. He noted the General Plan calls out high density, and said he was sur- presed to hear of the proposed C-O zone contemplate~ for the area. He cited the two primary business areas in the city - Broadway and Third Avenue, and declared that adding another business district to the city would certainly not be to the advantage of the city or the people. Chairman Stewart explained the facets of the C-O zone adding that it was a new zone proposed in the new zoning ordinance. Mrs. Marie Aland, realtor associated with Paul Miller Realtor, stated she is representing the prope~rty' owners on the corner of Fig and H Street. Her clients are in favor of upgrading the area and would go along with any zone the Commission would recommend which would accom- plish this. There being no further comment, either for or against, the hearing was declared closed. Chairman Stewart discussed the new proposed zoning ordinance stating that they hope to have this adopted by early summer. He is in favor of considering the whole block rather than individual lots. Member Adams stated he agrees with the staff recommendations that they need the new zone for this area before undertaking any rezoning here. -3- Member Rice agreed, adding that any rezoning here would be premature since a number of these lots do not have the proper depth for substan- tial development of the area. Member York commented that if this new zoning is not right and the c~o zone is presented, he hopes they get more depth to the lots; this is necessary especially for offstreet parking. The Commission discussed the aspects of offstreet parking in the area and the problems with on-street parking. Chairman Stewart felt this matter should be postponed for further study and until the new pro- posed zoning ordinance provides the C-O zone. Mr. Schnepf pointed out the unusual zoning pattern that now exists in the area. City Attorney Lindberg stated that he didn't think it was appropriate to continue this matter for an indefinite time. The applicants were aware of the fact that there is no C-O zone at this present time. He declared this matter should be denied without prejudice, since the Commission does not feel that any other zone would be appropriate and will initiate it again at such time as the appropriate zone for the area is adopted. Member Adams felt the city should pay for the new application. Chair- man Stewart agreed that the Commission waive this fee; however, he remarked that the applicant should file the request. Director Warren commented that once the new zoning o~dinance is adopted the Commission will be initiating changes throughout the city in accordance with this ordinance. The Commission might feel it appro- priate to recommend the C-O-P zone for this area. This zone requires plans to be submitted along with the request for rezoning. Member York felt if the City did initiate %his rezoning, they would be more apt to get the needed depth. MSUC (Hyde-Adams) Denial of the request without prejudice based on the findings set forth in the study report of H Street which recommends the new proposed C-O zone (administrative and office-commercial) and C-C zone (central commercial) for this area. A copy of this report is on file in the office of the Planning Department. Reconsideration of a zone change will be given to this area after the adoption of the new proposed zoning ordinance which incorporates these new zones. The applicant was then advised of his right to appeal this decision. PUBLIC HEARING - Attachment of "D" zone to Boys' Club property - Northeast corner Fifth Avenue and "I" Street Director of Planning Warren stated this hearing was Commission initiated at the request of the City Council. He submitted a plot plan noting the proposed area, the adjacent zonings and land use. He reviewed the recommendation of the Commission in December 1967 to the City Council to place the "D" zone on both the Sears store site and the Chula Vista shopping centers--this corner property should have been included. Mr. Warren then discussed the testimonies of the representative of Broadway- Hale objecting to the "D" zone. He felt the standards were not de- lineated and he thought it was unnecessary. The plans for the restau- rant proposed for the corner have been submitted and after a meeting with the developer and the staff, the large sign proposed for this building has now been reduced in size and it appears to be compatible. Because of this, the immediate need for the "D" zone has been negated. The question now is whe.ther or not the Commission desires to have the matter dropped or whether to attach the "D" zone to the entire site. This being the time and place as advertised, the public hearing was opened. There being no comment, either for or against, the hearing was declared closed. Member Adams said he felt the "D" zone should be attached to the entire area in question the Sears store site, Chula Vista Shopping Center and the Boys' Club. Director Warren discussed his talks with the representative of Broadway- Hale. Their concern was to have this design control over their site when everything else adjacent to it does not have the control zone. They agreed it would be a good thing for this area, but that we should clearly define the standards and place it across the street also. The staff concurs that the crisis which occurred in this center that would have necessitated the "D" zone nao now passed and hence no imme- diate reason for the "D" zone attachment. Member Adams asked if there were any other areas in th~s vicinity that someone could build upon. Mr. Warren declared that, considering the required parking ratio, he would doubt that any other building could go in. If the restaurant goes in, it would probably completely cover the area. Member Hyde commented that, because the problem has been eliminated, they should not scuttle the issue. It would be unwise ~for the Commis- sion not to consider this request. Mr. Hyde added that the "D" zone should definitely be attached to the 3oys' Club property and that they should adhere to their original recommendation - it was a valid recom- mendation. He further added that he never felt the application of the "D" zone was in any way punative - it is used to preserve and enhance the area. Chairman Stewart remarked that the point made by the representative of Broadway-Hale should carry some weight - they felt they were being singled out due to the restaurant going in. He noted that they have never been able to do a complete study of the area down there, and this should be done and the "D" zone applied where it is appropriate. As a matter of fact, Mr. Stewart continued, a study of the entire City should be made and the "D" zone applied where applicable. Member Hyde contended that this is the only area in the City that has a definite character established. Director Warren maintained that many times the "D" zone is used beyond its original intent; its purpose is to retain the existing character. Member York commented that Mr. Lipp (the representative of Broadway- Hale) felt this "D" zone should be expanded - he was not'actually opposed to it. He hoped to see the staff initiate the "D" zone to other commercial areas. Mr. York added that he could not see any harm to recommending this "D" zone for this area and expanding it to the Boys' Club. Member Adams commented that if they don't do it now,. they can wait until the new zoning ordinance is attached. MSC (Hyde-York) Reaffirm previous recommendation that the "D" zone be attached to the Sears site and the Chula Vista Shopping Center and that the Boys' Club property be included. Findings be as follows: a. To insure that future additions to this area are compatible with existing development, this "D" zone attachment is necessary. b. Signs for future development should be limited to one square foot . of sign area for each lineal foot of street frontage of the build- ing, and such signs shall be non-moving and non-flashing and sub- ject to the approval of the Director of Planning. The motion carried by the following vote, to-wit: AYES: Members Hyde, York, Gregson, Rice and Adams NOES: Chairman Stewart ABSENT: Member Guyer -6- PUBLIC HEARING - Proposed amendment to Section 33.85 of the Zoning -Ordinance - "Failure to Utilize a Conditional Use Permit or Variance and Extension of Time" Director of Planning Warren briefly summarized the desire for this proposed amendment. The present time period for the utilization of a conditional use permit and variance is 6 months; if the applicant wishes more time, he must come back to the Commission and request an extension. City Attorney Lindberg declared that the 6 month period of time is unrealistic. He discussed the proposed amendment changes and reword- ing in its present text. This being the time and place as advertised, the public hearing was opened. There being no co~ment,'either for or against, the hearing was de- clared closed. Director Warren questioned how this would affect those applications present in effect. Mr. Lindberg explained that those presently in effect would be valid for 6 months; however, for the extension of time, the new ordinance, if approved, would apply. Member York, referring to amendments proposed by Mr. Lindberg, clari- fied a point concerning a 6 months conditional use permit now in effect - this amendment would extend it to one year. He asked if this applicant would be limited to a one year extension. City Attorney Lindberg stated he could come back and renew his appli- cation. Member York noted that anyone coming after the adoption of the amend- ment could have a total of 3 years to exercise the permit; however, someone getting one in the last 6 months would only have a total of 18 months. He felt the wording of paragraph (d) shoul~ be changed to limit time extension periods. Member Adams felt the amendment should also limit the number of times an applicant can come in and ask for an extension. Director Warren asked that the matter be continued for two weeks. MSUC (York-Hyde) Matter be continued for two weeks, to ~he meeting of February 19, 1968, in order to give the City Attorney ample time to make the necessary changes in the amendment. -7- Request for approval of Home Occupation - 285 Sea Vale Street Director of Planning Warren reviewed the request in which a letter was received from Mr. Jack Yufe asking for permission to store merchandise in his garage in this case, it would utilize the entire garage and make it unusable for parking. The reason this request is before the Commission is the way the ordinance is written - question No. 9 con- cerning storage of material in connection with the home occupation, other than that necessary for domestic purposes. Mr. Warren stated that he contacted the Fire Marshal and he indicated that there would be no problem because of the construction of the garage and being in the rear of the dwelling. The Commission discussed the status of Home Occupations as they pre- sently exist. Member Hyde felt the permit should list the conditions and should state this in detail. Mr. Warren agreed that action should be taken to clarify these Home Occupations. The Commission then proceeded to question Mr. Yufe on the different aspects of his business, the type and number of deliveries made to his home, the hours of operation and the accumulation of rubbish on the premises as a result of this business. Mr. Yufe declared (1) he would have no sales from his home; (2) he has a panel truck which he uses for the delivery of this merchandise which is men's clothing; (3) he has three vehicles, and because of the paved area in back of his house, he has no problem with offstreet parking; (4) he would agree to a condition of operation as suggested by Member York: nd loading or unloading bet~e~n the hours of 8 p.m. and 7 a.m. Mr. Yufe further stated that the boxes in which the cloth- ing arrives are broken up - some of it he puts out for trash collec- tion and the others he burns in his back yard. The Commission discussed the trash - Member Adams felt the Commission should set this up so that it would not be objectionablel A condition should be imposed whereby such refuse from the business end would be disposed of other than by the trash collection. ' Director Warren explained that home occupations are not permits - once it becomes a problem, it is subject to revocation. Mr. Yufe explained that he has much more garbage from his gardening than from the business, such as weeds, etc. City Attorney Lindberg stated the Commission should loo~ again at the entire matter of home occupations. The conditions are set into the permit. The Commission should only impress upon the applicant to con- duct the business incidental to his residence. The whole objective is to see to it that it does not turn into a commercial enterprise. He felt the Commission exceeded themselves to a large extent in impos- ing a condition relative to the trash. -8- The Commission discussed a previous home occupation (Loria - 109 "E" Street) and the conditions they imposed on it. Member York felt a condition should be imposed stating that the prem- ises should be kept clear of all accumulated rubbish. City Attorney Lindberg declared that the ordinance does not provide for the attachment of conditions either to grant a home occupation permit or not. It simply states that the business being conducted must be incidental and secondary'to the dwelling, etc. Member Adams claimed the Commission has always issued conditions on home occupation permits as long as he has been on the Commission. He added that the ordinance should state that it be subject to the con- ditions as placed by the Planning Commission. MSUC (York-Rice) Approval of home occupation at 285 Sea Vale Street subject to the following acknowledgments made by the applicant at this meeting: 1. No sales will be conducted from the premises. 2. The number of vehicles used in conjunction with this business shall not exceed two. 3. Loading and unloading of this merchandise will not take place between the hours of 8 p.m. and 7 a.m. 4. There will be no outside storage of merchandise.' 5. There will be an average of not more %hah one freight delivery a week. 6. The premises will be kept clear of accumulated rubbish in connec- tion with this operation. MSUC (York-Hyde) The staff be' di~rected to review the home occupation section of the ordinance and bring it to a workshop meeting. Jim Patten, realtor, stated that he does not agree with the home occu- pations concept. Here the Commission is allowing a man to store ma- terial for wholesale purposes. He also referred to the recent approval of a reducing salon. These are not incidental to residential uses. Member Adams commented that this is exactly his reasoning also - this is a big business operation and an operation in competition with regular businessmen in the City. Here the Commission permits it in a home occupation with none of the ordinary business expenses. Mr. Patten alleged that it was not in the power of the Commission to grant such a home occupation - the ordinance states that such a busi- ness must be clearly incidental to a home. Subdivision - Final Map - Dalseth Hills Subdivision, Unit No. 7 Director of Planning submitted the final map of Unit No. 7 which con- tains 34 lots and is located west of the proposed freeway 805, just south of "J" Street. The map is in conformance with the tentative map and the staff recommends approval subject to the Engineering Department condition. MSUC (Adams-Rice) Recommend approval of the final map subject to the following condition: The final map shall not be submitted for Council action until all fees are paid and all necessary bonds, deeds, slope rights and easements, as required by the City Engineer, have been delivered to the City. Subdivision - Final map - Chula Vista Gardens Subdivision, Unit No. 5 Director of Planning Warren submitted the final map of unit no. 5 containing 18 lots and located in the southeast section of the sub- division, south of Oxford Street. The subdivision is located west of the proposed freeway 805 between Naples and Oxford Streets. The staff recommends approval since the map is in conformance with the tentative map. MSUC (Rice-Adams) Recommend approval subject to the following condi- tion: The final map shall not be submitted for Council action until all fees are paid and all necessary bonds, deeds, slope rights, and easements as required by the City Engineer have been delivered to the City. Request for extension of time - Variance - Flair Subdiyision Director of Planning Warren referred to the letter received asking for an extension of time on the Flair Subdivision. The variance was granted to Saratoga Development Company in August 1966 and will expire on February 9, 1968. Mr. Warren commented that the subdivider has com- pleted units 1 and 2; units 3 and 4 are the ones necessitating the extension of time to complete. The staff recommends approval of a one-year extension of time. MSUC (Adams-Gregson) Recommend a one-year extension of time; subject variance will now expire on February 9, 1969. To be set for Public Hearing - Ordinance establishing Unclassified Use Section in the Zoning Ordinance Director of Planning Warren briefly explained that this ordinance is presently adopted as an emergency ordinance which expires in 90 days from the date of adoption by the City Council (December 19, 1967). The ordinance establishes an unclassified use section to accommodate uses not having a particular place in the present ordinance. The staff recommends that it be set for hearing for the February 19th meeting. MSUC (Rice-York) Public hearing be set for February 19, 1968. Discussion - Proposed correspondence to City Council concerning zoning for Teleqra~h Canyon Road The Commission discussed the draft of a suggested letter which will be sent to the City Council for the Mayor's signature.. This letter will be sent to the Board of Supervisors requesting that action be taken on rezoning Telegraph Canyon Road in the County. Director of Planning Warren explained that the Commission observed the first commercial development taken place on Telegraph Canyon Road in the County area. He commented that the area is unzoned. Mr. Warren reviewed the meetings held by the County and the property owners - they maintained that there was not substantial interest among the property owners to continue these meetings. At the last meeting, the Commission recommended that the City Council request the Board of Supervisors to initiate zoning in this area. Director Warren discussed the different ownerships in this area and indicated that the majority property owner, Otay Ranch, seems to be neutral on the whole matter. Member Hyde fel~ that th'e question of absentee ownership should be mentioned in the letter. Chairman Stewart felt this should be verbal and not in the letter. MSUC (Hyde-York) Staff be directed to forward the draft of the letter to the Board of Supervisors to the City Council along with the letter from the Planning Commission representing the feelings of the Commis- sion in this matter. -11- Hilltop and Naples Shopping Center Member Rice brought up the s~bject of the one year extension of time granted the shopping center at Hilltop and Naples to conform to the requirements of the C-N zone. Director Warren declared the staff will check into this - he assumed it expires in April. Request for approval of sign - Harry's Flaming Steak - 4252 Bonita Road Director of Planning Warren discussed the signs in this shopping center indicating that in some cases, they were put up without Commission ap- proval. He felt that before the Commission approves this sign which has already been painte'd on the building, another look should be taken at this situation. Perhaps a meeting of the tenants would be in order and in this way, the staff could explain the sign requirements. The Commission concurred that this should be done. MSUC (York-Hyde) In view of the fact that there are many unapproved signs throughout the Center without prior permission from the Planning Commission, the staff is directed to study this matter and report back to the Commission. A meeting of the tenants in this shopping center (Bonita Plaza) should be held in the near future to discuss this problem. Action on the request for approval of the sign for Harry's Flaming Steak business is postponed until after the submis- sion of the staff's report. Discussion on Church site at Otav Lakes Road Director of Planning Warren indicated that the City Attorney did not favor 'any further discussion on this matter. However, a letter has been received from Mr. Richard Kelton, owner of the site in question, requesting that the Commission consider a proposal. This conditional use permit was denied by the Commission and is presently being appealed to the City Council. Prior to this hearing, the land owner has re- quested an opinion from the Director for an alternate proposal. Mr. Warren then discussed the Commission's concern over what could occur on the corner should the church site be approved at the loca- tion requested. Mr. Kelton recognized the potential of the land being commercial and such a use would not be inappropriate when the extension of H Street becomes a reality. At the last meeting, they discussed the possibility of exchanging sites with the presently zoned C-N area. The concern of the developer is to serve the property owners in his subdivision with commercial needs. The entrance to the subdivision is Gotham Street. With this in mind, they consider this C-~ area, or a portion of it, necessary to also serve the college. For this reason, -12- they are proposing to retain two or two and one-half acres on this C-N site with the idea of retaining the other corner for a future com- mercial site and asking the church to take the remainder of the C-N area. City Attorney Lindberg stated this matter is being appealed to the City Council, and for the Commission to discuss matters of rezoning without holding a public hearing and without notifying the people in the area, and making some indication of favor toward the matter is without precedent. If the applicants desire to withdraw their appeal and come back to the Commission with their proposal, this is another thing. Director Warren indicated he is always hesitant to bring this sort of thing before the Commission. It is difficult having the staff make such a decision; however, if it is going to involve a public hearing, then they should tread 'lightly. The Commission discussed another case in which they recently recon- sidered certain aspects of it after the public hearing had been held. City Attorney Lindberg indicated he was familiar wi~h the case they were referring to; however, in that case the Commission considered the concept of the matter. In this case, the Commission will be re- quired to express an opinion - they will be discussing specific zoning problems of the land, and extending this to formal discussion whereby the Commission will have to indicate approval or disapproval of the plan and in turn will waive the right of appeal to %he Council; this is inappropriate. The Director and the Commission discussed the comments made by the Attorney. Mr. Warren felt the Commission should adopt a consistent policy in this regard. The City Attorney again reiterated that the Commission should not be discussing a specific case of.rezoning they may discuss the concept of the matter. The Commission concurred that they felt there was nothing wrong with discussing this matter. Member Rice spoke of his concern at the last meeting whereby he stated that commercial zoning would occur at that corner plus an ex- tension of commercial on the other side of Otay Lakes Road. Then, if the existing C-N zone was to remain commercial, the Commission would be endangering the area with over-commercialization. Member York discussed his comments made at the previous hearing whereby he stated it was inevitable that this particular corner would go com- mercial. The other area remains C-N and won't be changed unless it is done voluntarily by the developers. Th~s particular corner is created by the realig~ment of I{ Street. ~r. York added that a church can lo- cate in a C-N zone with a conditional use permit, so sees no problem here. Mr. Warren indicated this matter would come up with or without a re- quest for a conditional use permit; the problem here is the unusual large amount of commercial zoning expanding along this street. Member Hyde declared he had no objection to the concept of the ex- change of zoning where there are two commercial sites; there should be only one. He certainly objects to the fragmentation of commercial zoning in the area. Member York commented that without prejudicing the Commission's feel- ings to the Council on this matter, would it be possible for the developers to request a continuance of time and concurrently file a new application with the Commission as to the concept discussed here this evening or any other proposal they might have. City Attorney Lindberg stated this was the basic problem here the Commission is trying t~ decide on proper land use and to the swaping of uses here which is objectionable. He reviewed the discussion of the Commission and their opinion in this matter and added that the applicants can request a continuance, if they so desire. Chairman Stewart recounted the history of the commercial zoning in the area whereby the Commission has control over the C-N zoned area, and the other commercial site went in with Council approval over the Commission's objection. To have another commercial area there is not good planning. He added it would make a better pattern of commercial areas if this C-N zoned area was moved up to the proposed church site. The Commission concurred. MSUC (York-Rice) A suggestion be made to the developer to file a re- quest for a conditional use permit for the use of the presently zoned · C-N property to be used for a church site. The Commission further indicates opposition to any plan that would result in fragmented com- mercial development along otay Lakes Road. Workshop The Commission discussed various nights to hold the next workshop meeting, and agreed on Thursday, February 15th. Member Hyde suggested they consider one Monday night a month for a regular workshop meeting. Member York remarked that they should set aside every Monday night. Member Adams felt there would be no sense in meeting every Monday night unless they had something to discuss. Director Warren indicated that the Commission recently agreed to add one meeting per month. -14- MSUC (York-Hyde) Commencing with the Monday night after the regularly scheduled public hearing (February 19), the Commission will meet every Monday night thereafter. There will be the two regularly scheduled public hearings and the alternate Mondays will be scheduled as workshops. ADJOUP~NMENT MSUC (Hyde-Rice Meeting be adjourned to the meeting of February 19, 1968. The meeting adjourned at 9:15 p.m. Respectfully submitted, ~ .Jennie M. s ~y ~j'/ Secretary