HomeMy WebLinkAboutPlanning Comm min 1990/06/13
,'" ..
.
Tape: 310
Side: 2
MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m.
Wednesdav. June 13. 1990
ROLL CALL
Council Chambers
Public Services Buildino
COMMISSIONERS PRESENT: Chairman TUgenberg,
Fuller, and Shipe
Commissioners
Carson,
COMMISSIONERS ABSENT:
Commi ss i oners Cannon, Casi 11 as, and Grasser
(with notification)
STAFF PRESENT:
Pl anning Director Leiter, Principal Pl anner Lee,
Sr. Civil Engineer Ullrich, Assistant Attorney
Rudolf
PLEDGE OF ALLEGIANCE - SILENT PRAYER
.
The pledge of allegiance to the flag was led by Chairman Tugenberg and was
followed by a moment of silent prayer
INTRODUCTORY REMARKS
Cha i rman Tugenberg revi ewed the compos it i on of the Pl anni ng Commi ss i on, its
responsibilities and the format of the meeting.
APPROVAL OF MINUTES - Meeting of May 9, 1990.
Since there were only three members present who had attended the May 9
meeting, no motion was made.
ORAL COMMUNICATIONS - None
Chairman Tugenberg informed those present that there were only four members of
the Commission present, and it would take a four votes to pass any motion. He
advised the applicants that their items could be continued if they desired.
ITEM 1. PCS-90-12: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR GRETCHEN
ESTATES, CHULA VISTA TRACT 90-12 - Don Goss
Principal Planner Lee asked that the item be continued to the June 27, 1990,
meeting at the request of the applicant.
MSUC (Carson/Shipe) 4-0 (Cannon, Casillas, Grasser absent) to continue
. PCS-90-12 to the June 27, 1990 meeting.
PC Mi nutes
-2-
Julv 13. 1990
ITEM 2. CONDITIONAL USE PERMIT PCC-90-42: REQUEST TO UTI LIZE DWELLING AT
1515 HILLTOP DRIVE AS SHELTER FOR HOMELESS YOUTH - SOUTH BAY
COMMUNITY SERVICES, INC. (Continued from 5/23/90)
Chairman Tugenberg informed those present that there would have to be a
unanimous vote on this item, since only four Commission members were present.
Principal Planner Lee showed sl ides of the site, a 7,000 sq. ft. lot located
adjacent to single-family detached dwell ings, with a convenience market and
apartments di rectly across the street. Mr. Lee stated the exi st i ng house
totaled 2900 sq. ft. and was a 5-bedroom facility, and that the South Bay
Community Services wished to use the facility for run-away and homeless youth
in the 12 to 17-year-old range, providing shelter and short-term assistance
while working to reunite the children with their famil ies. He went on to
explain the program, which is funded through a combination of state and local
sources, and that the children are referred by a 24-hour hotl ine and other
agencies.
Principal Planner Lee said that in analyzing this particular application,
staff noted that this facil ity would have a maximum of eight children and by
ri ght they are allowed six wi thout a cond it i ona 1 use permit. The increase
through the condit i ona 1 use permit process woul d be a total of two youths,
representing a very limited increase. Staff had visited similar facilities in
San Diego, located in strictly R-I family areas, which appeared to fit very
well in the neighborhood, very well maintained, and the adjacent neighbors
with whom staff spoke had very high praise for the operation.
Mr. Lee indicated on the locator map those residents in the area who had
signed a petition in opposition to this request. Staff recommended approval
with four conditions which would include a 1 imit of eight children in the
facility, having one qualified staff person on site and awake at all times to
provide proper supervision, no loitering in the area, and maintenance of the
building and grounds. Failure to comply with those conditions would be
grounds for revocation subject to a hearing before the Planning Commission.
This being the time and the place advertised, the public hearing was opened.
Kathryn Schroeder, 315 Fourth Avenue, CV 92010, Director of South Bay
Community Services. Ms. Schroeder spoke of the need for this type of facility
in Chula Vista and the long-term assistance these services give to the youths
and their families. She said the children would probably be better supervised
than children who are living with their parents, since there is 24-hour
supervision by awake staff. She said that South Bay Community Services'
project which served the South Bay since 1986 had received up until March 1990
1500 referrals for servi ces to these young people; 101 had been sheltered
through thei r current capacity, whi ch is four beds in 1 i censed host homes.
They turn away 10 to 20 youths per month who need service. She said that in
Chula Vista alone their outreach staff, since January 1989 through March 1990,
had contacted over 150 children who are living in the streets in Chula Vista.
Ms. Schroeder gave more statistics regarding homeless youth, and the
percentage they have been abl e to hel p through thei r program. She urged the
Commission to approve the conditional use permit.
, .
PC Minutes
-3-
Jul v 13. 1990
.
Commissioner Carson asked Ms. Schroeder where the host homes were located and
how many students they hosted. Ms. Schroeder said there currently was one in
Chula Vista and one in Imperial Beach; one licensed for four and one for two,
depending on the size of the home, how many empty beds they have, etc.
Commi ssi oner Carson asked if they had looked at other 1 ocat ions other than
this particular area. Ms. Schroeder answered that they had.
Commi ssi oner Carson asked the average age of the youths and Ms. Schroeder
replied it was about 15, with there being more girls than boys because girls
will tend to come for shelter and safety at a higher rate than boys.
.
Commissioner Carson, referring to the recommendation that they not be allowed
in the front yard, asked where they woul d be a 11 owed. Ms. Schroeder rep 1 i ed
that they woul d be in the house and the back yard. They woul d be confi ned
more than in a normal home and would not be able to go on dates. The youths
have to agree to all the conditions; and if they don't, they don't stay in the
program.
Commi ss i oner Shi pe asked what the average s.chedul e for the day woul d be.
Ms. Schroeder stated that at 8 a.m., they would leave for school; after school
there are programs for them to attend--homework clinic, tutoring, recreation,
etc. until about 4 p.m. when they would return home with a minimum of two
staff people. Between the hours of 4 and 10, they would cook dinner, eat, and
have guided group interaction, with free time until 10 p.m. when it would be
1 ights out.
Commissioner Shipe asked what the criterion would be if one of them became a
problem with drugs, etc. Ms. Schroeder answered that they weren't allowed in
the shelter high or with drugs on them and are subject to a search at any time
by a staff member. Commissioner Shipe asked what would happen if they found
drugs or had some other problems with one individual. She answered that they
would be terminated.
Upon Commissioner Shipe's query, Ms. Schroeder answered that there were other
s i mil ar faci 1 it i es in San Oi ego County but not in Chul a Vi sta and that there
had been no unique problems with any of the other facilities located within an
R-l area, that she knew of.
Chairman Tugenberg asked to see the slides which were available showing the
other facilities.
Chairman Tugenberg asked staff if there were any adverse comments from
neighbors of these facil ities when they investigated. Principal Planner Lee
answered that staff had reported back that the only comment by a couple of the
neighbors was that the children there were better behaved than other children
in the neighborhood; there had not been any i nc i dents or any problems that
they were aware of.
.
PC Minutes
-4-
Julv 13. 1990
Commissioner Fuller asked if there were any objections by the neighbors in the
beginning when the other homes were established. Staff could not answer this.
Nicole Gunter, 2881-A Casey St., San Diego 92139, said she had been a runaway
and her parents woul d not 1 et her back into thei r home. She had nowhere to
go. Someone had referred her mother to Community Services, and her mother
took her there. Community Services accepted her into their shelter. She gave
the schedule of her days, and told of the counsel ing she had received. She
now helps other children and is a volunteer at South Bay Community Services.
She lives at home with her parents.
Mrs. Patricia Barna, 1215 Oak Avenue, Carlsbad 92008, who lives across from
the North Coast "Project Oz". She spoke in behalf of Project Oz and had
letters from several of the neighbors. She read some of the comments, made by
the neighbors, which were all positive. Mrs. Barna stressed that the children
should not be feared, that they were well controlled, well behaved, and the
shelter was well staffed.
Ms. Nancy Servatius, 2117 E. Eleventh, National City, the Project Coordinator
for the Run-Away and Homeless Youth Project at South Bay Community Services.
She said that she had worked with the Agency for almost 6 years, and that
about four years were spent as a diversion counselor at the Police
Department. She said there were from 40 to 60 run-aways a month in Chul a
Vista. Those that didn't return home were referred to Oz North Coast, Oz San
Diego, Juvenile Crisis Program, the Bridge, the Gatehouse and other shelters
outside our area. The run-aways from Chul a Vi sta were then too far away to
work with as far as reuniting them with their families. She then spoke of the
program which was to be used at this shelter, focusing on getting the families
back together, learning better communication skills, literacy, tutoring,
family counsel ing, individual counsel ing, group counsel ing, and recreational
programs which are in operation while the youths are in the shelter and
continuing afterwards until they are not needed.
Commissioner Carson asked how they accompl ished the attitude changes in two
weeks. Ms. Servatius said the counseling was very intense with the youths in
counseling every day, individually, in groups, and at least one family
counseling per week if they can get the parents to cooperate. They deal with
their attitudes face to face. Their use of negotiation and communication
skills are a major portion of their work.
Commissioner Carson asked how many repeats they had. Ms. Servatius said there
were none, because they work with them after they leave the shelter and are
back home.
Commissioner Fuller asked how long their commitment was to the individual
child in the family after they have left the shelter. Ms. Servatius said
there was no timeframe. As long as they needed their help.
Commissioner Tugenberg asked if the parents came in for counseling. Ms.
Servatius answered they do come in for counseling. Some are very angry in the
beginning, but after talking with them and counseling, they will work with the
shelter.
PC Minutes
-5-
Julv 13. 1990
.
Maureen Whitehead, 1514 Jasper Ave., CV 92011, spoke against the shelter. Her
home is directly behind the proposed project site. She was apprehensive about
the mixed sexes, the two bathrooms which would be used by eight children, the
hol iday time and the 1 imited space around the house for them to pl ay. She
said the neighbors are frightened about the property value decreasing; they
had no reassurances that would not happen. Mrs. Whitehead said they had
attended the meeting in June with the Chula Vista Community Services and had
received a pamphlet. She said the pamphlet noted the shelter does deal with
the drug takers, and was assured at the meeting that they could recognize a
drug taker. She went on to say that drug takers were clever and sneaky. She
brought out the fact that there were 30 people who signed the petition, and
there was a lot of opposition against it.
Commissioner Fuller asked if she had contacted any of the people who live near
the establ i shed homes whi ch had been there 10 or 12 years to see how they
dealt with some of the same kinds of fears.
.
Mrs. Whitehead said they hadn't; they hadn't had the information. Upon
Commissioner Fuller's query, Mrs. Whitehead said she was somewhat reassured by
hearing what some of the people at this meeting had said.
David Harris, 5960 Cumberland Street, SD 92139, speaking in favor of the
conditional use permit. He cited two instances in which he had been involved
which favored shelters of this type. He urged the residents to look at this
project as an opportunity to do something positive in their community.
Mr. Noel Wood, 1525 Hilltop Drive, CV 92011, spoke against the project. Mr.
Wood owns a home directly south of the proposed shelter. He was concerned
with the closeness and lack of privacy, and problems with the teenagers since
there was nothing in the back yard to do. He said he was not prejudiced
against children, but thought the house next door was not the place for that
many teenagers.
.
Commissioner Fuller asked how many different famil ies had 1 ived in the house
duri ng the 20 years Mr. Wood had 1 i ved next door; and if any of them had
teenage children. Mr. Wood said they had been there longer than Mr. Wood's
family; they had, he thought, four teenagers but were very orderly, qUiet and
a nice family with no problems with the teenagers. He was worried, however,
about the "turnover" of the teenagers in the shelter. They woul dn' tall be
nice; he felt there would be problems.
Bill Winters, 1945 Duke Street, CV 92013 spoke in support of the program from
the standpoint of South Bay Community Center and the Chula Vista Police
Department. He stated that by working in the Police Department, he and others
had seen young people become involved in very minor offenses early in their
lives and then referred to juvenile hall. This would go on until a behavior
pattern was formed. This type of agency tries to divert young people from the
juvenile justice system by taking corrective action early. He said he
understood how the nei ghbors felt and thei r apprehens i on; but if there is a
problem at this location, not only would the South Bay Services be concerned
but the Police Department as well. He said the Police Department supports the
program.
PC Minutes
-6-
Julv 13. 1990
Mrs. Mary Wood, 1525 Hilltop Drive, CV 92011, spoke against the project. Mrs.
Wood said she did not object to the children or helping the children; she and
her husband had been very active for 10 years at the high school; she had had
very many teenagers in her home, some with problems. Her husband is retired
and she is retiring soon; they don't want problems. There is not room in the
back yard for basketball, or volleyball; there will be problems caused by
boredom. She does not concur with the notion that property values will go up;
accordi ng to numerous real estate agents, a prospective buyer woul d not want
to move next door to a shelter.
Mr. Nessel Morada, 1545 Hilltop Drive, CV 92011, spoke against the project.
He spoke of the congestion at Orange and Hilltop Drive, and an organized gang
of teenagers who asked small children for their lunch money. He had also had
trouble with other teenagers passing by.
Sheila Zamara, 1230 Calle Candelero, CV 92010, spoke in favor of the project.
She said she was a peer educator at South Bay Community Center and works with
the runaways. She sai d she was a former gang member and a former runaway.
She told of some of the things which happened to her while she was in the gang
and on the street. She didn't want those things to happen to others.
John Sullard, 65 E. Whitney, CV 92010, spoke in favor of the project. He said
the fears of the neighbors were not well grounded in past history, and he
urged the Commission to take that into consideration. He said that basically
people are good, but are fearful of the future and fearful of change.
No one else wishing to speak, the public hearing was closed.
Commi ss i oner Shi pe stated he was goi ng to support the staff recommend at i on
that the Commission recommend that the City Council approve, subject to the
four conditions, the shelter. He shared that a family member who was a
runaway had gotten i nvo 1 ved with drugs. There were no programs ava i 1 abl e in
the City of Chula Vista, but there was the YMCA Project Oz located in
Clairemont. They were able to get the person into that program, and it was an
outstanding, superior program. He said it was located in a single-family
resident unit, well disciplined, organized, approximately 10 to 12 children in
the unit, and outstand i ng counselors. He affi rmed that the behavi or changes
in the person were unbelievable. The family member was there for 30 days. He
said that he believed the fears of the 29 people who signed the petition were
unfounded. He also had a son who had graduated from the Summit School wh i ch
was also an outstanding program.
Commissioner Shipe felt the neighbors would have more of an advantage over the
peop 1 e who occupy thi s facil ity than they woul d an undes i rabl e fami ly because
of the conditions which would be programmed into this project, if approved.
The neighbors would be able to make sure there were no more than eight
children there; they would be assured the organization would be properly
supervised; and that the facilities would be maintained in a neat and orderly
appearance. These conditions would be contingent upon the unit being able to
continue to exist. He assured the neighbors if any of those conditions were
PC Minutes
-7-
Julv 13. 1990
.
not met, they had the abil i ty to come back to the City and comp 1 a in. He
understood the "NIMBY" but said none of the opinions of the nei9hbors were
based on fact. He didn't bel ieve there would be boredom; the children would
be kept so busy in school, in counsel ing sessions either individually or in
group or parental counsel ing sessions, or work assignments that they would
never be bored. If there was a problem child in the organization, that child
would be removed. Again, he said he would support the shelter.
MOTION by Commi ss i oner Shi pe, seconded by Commi ssi oner Full er that based on
the findings contained in Section E of the report, recommend that the City
Council approve PCC-90-42 subject to the four conditions.
Commissioner Fuller said she would like to reiterate on Mr. Shipe's statement
and emphasize to the neighbors remaining that it was an emotional issue for
them but she thought they had a way to address their fears, as outlined. She
said the young people, who this home and project was aimed to help, had no way
to address those fears. She thought that was the uppermost thing to keep in
mind, and make an effort to address their fears in a positive way.
.
Commissioner Carson stated that by the <ldmission of staff in their staff
report, "We have generally encouraged such facil ities to seek locations in
interface areas between multiple family and commercial districts.... There
are a number of single family dwellings in such transition areas throughout
Central Chul a Vi sta and Montgomery." "On the other hand, the property is a
standard single family lot located within a single family neighborhood area.
Generally we would not support an institutional type use of any sort under
these circumstances." Commissioner Carson said that, based upon the findings
in the staff report, she would vote against the motion. She didn't believe
thi s woul d cont i nue to keep the scale, nature and contemplated ope rat i on of
the shelter consistent with General Plan policies for preserving the integrity
of existing residential neighborhoods.
VOTE:
3-1
Ayes:
Noes:
Absent:
Shipe, Fuller, Tugenberg
Carson
Cannon, Casillas, Grasser
Upon Cha i rman Tugenberg' s query, Ass i stant Attorney Rudolf exp 1 a i ned that to
refer this item to City Council for them to make an ultimate determination,
four votes were needed either to approve or disapprove.
To further exp 1 a in, Ass i stant Attorney Rudolf stated that if the mot i on was
phrased the other way, to deny the conditional use permit, and four votes were
received to deny, the recommendation of the Planning Commission would be to
deny. That recommendation could go forward to the City Council. With a vote
of 3-1 there is no determination. There would be no recommendation, because
there are not four votes either way.
MOTION by Cha i rman Tugenberg, seconded by Commi ss i oner Sh i pe to deny
Conditional Use Permit PCC-90-42.
.
PC Minutes
-8-
Julv 13. 1990
Chairman Tugenberg clarified that if all voted to deny, it could move on to
the City Council. Assistant Attorney Rudolf concurred.
VOTE: 4-0 to deny Conditional Use Permit PCC-90-42 (Cannon, Casillas,
Grasser absent).
Assistant Attorney Rudolf explained that although most conditional use permits
are final with Planning Commission action unless appealed, this project was
peculiar because it was a public or quasi-public use under Chapter 19.54, and
the ordinance requires that instead of taking action to approve or disapprove
subject to appeal, that the Pl anni ng Commi ss i on just makes a recommendation.
In this case, it would automatically go forward to the City Council without
payment of fee.
ITEM 3. VARIANCE ZAV-90-IO: REQUEST TO REDUCE SIDEYARD SETBACK AND MAINTAIN
SINGLE-CAR GARAGE AT 163 "K" STREET - Jay and Janet Jacks
Pri nci pa 1 Planner Lee, us i ng overhead project i on, gave the 1 ocat i on of the
property and stated the proposal was to add nearly 1200 sq. ft. to the
existing residence primarily on the second- floor, leaving the one-car garage.
The applicant was asking that the existing sideyard of 6-1/2 feet be retained
for the new addition rather than 10 feet which is required by ordinance.
Staff recommended that both requests be approved.
This being the time and the place advertised, the public hearing was opened.
Dave Carlson, consultant for Mr. and Mrs. Jacks, showed slides of the existing
house and explained what the house would look 1 ike, and the history of the
project. He urged the Commission to approve.
Commissioner Fuller asked if there were plans submitted originally which
showed that after the remodel ing there would be more than 50% added to the
original existing house prior to being turned down by the Building Department
at plan check. Mr. Carlson answered it did show that.
Commissioner Fuller queried staff as to how an applicant could be told
everything was alright until the time they submitted the final plans, then to
be told it coul d not be approved. Mr. Lee rep 1 i ed that woul d have to be
researched, as to the appl icant providing a two-car garage. Staff was not
approachi ng thi s recommendat i on on the bas is of what might have transpi red
between departments.
No one else wishing to speak, the public hearing was closed.
MOTION by Commi ss i oner Shi pe, seconded by Commi ss i oner Full er that based on
the findings contained in Section E of the report, the Commission approve
ZAV-90-IO subject to the condition that the project shall be subject to staff
design review.
.-
PC Minutes
-9-
Jul v 13. 1990
.
Commissioner Carson stated that she had noticed that almost always there were
two cars parked in front , half on the cement and half on the gravel. That
reinforced to her that there should be a two-car garage. She said she felt
the Commission should uphold the City Code. Commissioner Carson also said she
didn't think it would be an undue hardship for him more than any of his
neighbors to move the garage to the back of his house. She stated she was
voting against the motion.
Commissioner Tugenberg said he was also voting against the motion. He said
there were no other houses on the block that were two stories; he didn't think
it would add value to the neighborhood; with a 30-foot setback the box-type
addition would be too massive, too close to the street. He suggested that if
they ever did build an addition, that the second floor be moved back from the
face of the first floor in order to break up the bulk facing the street.
VOTE: 1-3 against, Commi ss i oner Full er vot i ng "for" (Cannon, Cas ill as and
Grasser absent)
MOTION FAILED.
ITEM 4. RV-90-01: CONSIDERATION OF APPEAL FROM DECISION OF ZONING
ADMINISTRATOR DENYING A FRONT YARD PARKING PERMIT AT 34 EAST OLYMPIA
COURT - Leticia Romo
.
ZAV-90-12: CONSIDERATION OF VARIANCE TO ALLOW DRIVEWAY AND PARKING
AREAS TO OCCUPY MORE THAN 50% OF THE FRONT YARD AT 34 EAST OLYMPIA
COURT - Leticia Romo
Principal Planner Lee gave the location of the project and stated this request
had been initiated by a neighborhood complaint with the City Zoning
Admi ni strator cons ideri ng the act i on and denyi ng a parki ng permit request
which was required under the RV parking regulations. Using overhead
project i on, Mr. Lee showed the paved area on the east si de of the property
whi ch provi des parki ng in front of the exi st i ng garage, accommodating three
vehicles. In addition, the appl icant parks an 11' wide, 35 long RV near the
westerly property line. The Zoning Administrator concluded that the location
of the RV located at the edge of the publ i c s i dewa 1 k and adjacent to the
dri veway servi ng a res i dence to the west represented a safety hazard. Upon
further review, it was determined that the RV parking area, together with the
27' wide paved parking area in front of the garage, represented approximately
63% of the lot frontage whi ch was 13% over the City's maxi mum all owabl e for
parking in the front yard. There had been numerous objections received.
Staff recommended uphold i ng the Zon i ng Admi ni strator' s deci s i on and deny the
applications.
This being the time and the place advertised, the public hearing was opened.
Leticia Romo, 34 East Olympia Court, CV 92010, requested continuance until
July 11, 1990.
.
PC Mi nutes
-10-
Julv 13. 1990
No one else wishing to speak, the public hearing was closed.
MSUC (Full erjCarson) 4-0 (Cannon, Casi 11 as and Grasser absent) to continue
RV-90-0I to the meeting of July II, 1990.
ITEM 5. CONSIDERATION OF REQUEST FOR A WAIVER OF THE REQUIREMENT TO DO
CERTAIN IMPROVEMENTS AT NORTHEAST CORNER OF THIRD AVENUE AND MAIN
STREET - Department of Public Works
Chairman Tugenberg stated this item would be continued indefinitely and didn't
require a vote.
DIRECTOR'S REPORT
Planning Director Leiter reminded the Commissioners of the joint workshop with
the Growth Management Oversight Committee and Montgomery Planning Committee on
Wednesday night, June 20, at 6:00 p.m. with dinner provided at 5:30 p.m. at
City Hall for the vari ous members. He also noted that they had been gi ven a
schedule for most of the rest of the year for Commission meetings.
COMMISSION COMMENTS
Commissioner Tugenberg commented that the Zoning Administrator should look at
all the houses on Olympia Street; probably none are in compl iance with the
present Code.
Commissioner Fuller commented that there was a house on "K" Street which
looked as if there were inoperable cars; and Commissioner Tugenberg mentioned
they had parked an RV in front of their front door.
Planning Director Leiter said it would be turned over to Code Enforcement.
ADJOURNMENT AT 8:45 p.m. to the Joint Workshop Meeting with Montgomery
Planning Committee and Growth Management Oversight Committee on Wednesday,
June 20, 1990, at 6:00 p.m. in Conference Rooms 2 & 3, Public Services
Buil di ng.
~
~il ~I
JV'~ l/,t t ''aJ.
Nancy Ri ley, S cret y
Planning Commission
WPC 8032P