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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