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HomeMy WebLinkAboutPlanning Comm min 1966/10/03 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA October 3, 1966 The regular meeting of the C~ty Planning Commission was held on the above date at 7 p.m., in the Council Chamber, Civic Center, with the following members present: Stewart, York, Gregson, Adams and Guyer. Absent: (with prior notification) Member Rice; (with prior Commission approval) Member Johnson. Also present: Associate Planner Manganelli, Junior Planner Lee, City Attorney Lindberg, and Principal Engineer Harshman. New Member Welcomed Chairman Stewart welcomed the new Member, Wilbert Gregson, to the Commission. APPROVAL OF MINUTES MSUC (Adams-York) Minutes of September 19, 1966, be approved, as mailed. R~quest for Classification of Use Not Listed in Zonin9 Ordinance - Thrift & Gift Shop A letter was read from Rev. Kathryn M. Breese, Minister of the First Church of Religious Science, requesting that the members of her church be allowed to operate a gift and thrift shop at 307 Third Avenue. They propose to sell such donated items as books, dishes, jewelry, household furnishings and clothing as well as items made by the church members which would be sold as gifts. Paul Manganelli, Associate Planner, discussed the items listed and the specific zones in which they would be allowed. Reverend Kathyrn Breeze discussed her request stating they propose to sell only good articles. Some of the men belonging to her church will refinish the donated house- hold furniture and will fix all the other items before they are offered for sale. Member Adams stated he had no objection to the articles that will be made by the church members and offered for sale - he does, however, object to the second-hand merchandise that will be sold here. He declared that this is a C-2 use and should be located in that zone. The Commission discussed the sales from time to time by non-profit groups of second- hand articles. City Attorney Lindberg stated that for these temporary sales, no license by the City is required. In this particular case, however, a l~cense will be granted to the applicant subject to Commission approval. The Commis ~)~ discussed in detail the uses allowed for the items the applicant intends to sell, and ~t was generally agreed that the sale of second-hand household furniture would be objectionable and has always been prohibited in C-1 zones to protect the character of these restricted commercial areas. City Attorney Lindberg stated the matter of this being a profit or non-profit operation would be disposed of by the City Council in waiving the fee. However, in =1= attempting to discriminate against the articles, such as books, antiques, etc., it is difficult to determine what is junk and what would be quality second-hand goods. Member Adams remarked that he was afraid of setting a precedent here. MSUC (Guyer-Adams) Approval of request in accordance with the letter of September 27 with the condition that no used furniture be sold at this location under the present zoning classifications. PUBLIC HEARING (Cont'd) - C. W. Carlstrom and Victor Builders~ Inc. - 329-333 H Street - R-3 to C-1 and Request for Reduction in Front Setback from 25' to 5' Associate Planner Manganelli submitted a plot plan noting the location and adjacent land use. He explained that this was continued from the last meeting by request of the applicant. Mr. Manganelll noted on the General Plan that the area in question is designated as high-density residential with commercial across the street and at the northwest corner. The houses in the rear of this site front on an easement that surrounds this parcel. This being the time and place as advertised, the public hearing was opened. Mr. Victor Wiglesworth, Engineer representing Victor Builders, stated the parcel was not suitable for R-3 development because of its size, and in view of the fact that their existing properties across the street are zoned commercial, they feel this one should be also. Mr. Wiglesworth then discussed the construction of a proposed "Der Wienerschnitzel" building adjacent to this property. Mr. Elmer Kleinman, Bays~de Realty, said he was representing the property owners who owned most of the property zoned commercial in this area. He spoke of leasing that space between the present Thrifty Dr~g Store and the B-J Ranchmart for another commercial enterprise. He stated also that they will soon be constructing on that lot north of B-J Ranchmart on H Street and are planning to construct another food take-out establishment on the property proposed for rezoning. He felt this rezoning and the construction they propose for this site will not be detrimental to the City, but rather, something aesthetically pleasing. Mr. Wendell Lienhard, representing the owners of t~ land at 349 H Street, stated they received approval from the Planning Commission for a conditional use permit to build professional offices and were asked to maintain a 25 foot setback. He questioned whether this proposed shopping center will have to observe the same setback. Mr. Wiglesworth declared they would be willing to give up their request for the reduction in setback and maintain a 25 foot setback. Chairman Stewart asked how the applicant proposed to handle the flow of traffic. Mr. Wiglesworth stated the driveway would be a joint use between the two buildings contemplated. There being no further comments, eit~ r for or against, the hearing was declared closed. Mr. Manganelli referred to his staff comments to the Commission concerning this site and the problems that would arise by having it rezoned to com~ercial. He discussed the existing curb cuts and the total lack of landscaping on the existing commercial sites, the types of commercial uses existing and proposed in the area, and he added, -2- with this commercial enterprise, more curb cuts will be made and more difficult to "live with in the future" when both freeways are open and H Street becomes a main arterial between them. Mr. Manganelli further added that this is a classic example of a strip zoning problem beginning right now on H Street. Member Adams agreed, declaring the Commission all agreed at one time that this area was most suitable for professional offices and multiple family use. Chairman Stewart commented that the General Plan designates high density residential use for this area and that the consultants agreed that this was a better zoning pattern for this street. This land should be developed R-3 and not commercial and contribute to strip commercial zoning with ~ts traffic conflicts. Mr. Stewart added that they cannot justify rezoning of any parcel that does not have the depth for proper off-street parking. He strongly opposes this request. MSUC (Adams-Guyer) Denial of rezoning request, based on the following facts: t. Commercial zoning on th~s property would be contrary to the type of use projected on the General Plan and would stimulate the progression of strip commercial zoning on H Street, a planned arterial with the interchanges at two freeways (Interstate 5 and 805). 2. The net effect of strip commercial use, aside from the prevalence of difficult and hazardous traffic movement and the marginal commercial development strip zoning encourages, is the creation of run-down residential areas along arterials and adjacent properties. Few property owners spend much to improve residential property in an area zoned for business because of the lack of protection against how the surrounding area might be developed and in anticipa- tion of selling the property for commercial use. The result is a "strip slum along a city's arterials which projects an image detrimental to the City. City Attorney Lindberg reminded the applicant's representatives that they have the right of appeal to the City Council. PUBLIC HEARING: Robinhood Homes, Inc. - Northwest Corner Telegraph Canyon Road and L Street R-3 to C-N Associate Planner Manganelli noted a letter received from the applicant asking for a postponement of the public hearing to the meeting of November 7, 1966. A gentlemen from the audience objected to the postponement. Chairman Stewart explained the Commission would have no alternative in not granting the postponement since the applicant was not present to answer questions the Commission would have concerning this matter. City Attorney Lindberg stated the applicant's request was not unreasonable since it was his first request asking for a continuance. MSUC (Adams-Gregson) Public hearing be continued to the meeting of November 7, 1966 PUBLIC HEARING: Mahy Construction Company - Northwest Corner Bonita Road and ~or~ta Mesa Road '~ Prezon|n~ from County A-3 il) to C-2 The application was read in which a request was made for prezon~ng from County A-3 (1) · zoning to C-2 for t~ property located at the northwest corner of Bonita Road and Bonita Mesa Road. Associate Planner Mang~nelli submitted a plot plan noting the location and adjacent zoning. The property is presently owned by California-American Water Company and -3- is vacant except for a storage building. Mr. Manganelli then submitted another plot plan showing the proposed Interstate 805 interchange adjacent to this site. He stated the owners propose to construct a motel, restaurant and service station on this site; this is allowed under the new proposed C-V zone. Member Gregson asked how much of this property would be cut off by the 805 interchange. Mr. Manganetli indicated it would be approximately 12,000 or 14,000 square feet; the whole site is 2½ acres. The State has not purchased any of this r~ght-of-way as yet~ This being the time and place as advertised, the public hearing was opened. Mr. Dennis Wittman, representing Mahy Construction Company, explained their plans for the construction of this motel-restaurant-service station complex and declared they asked for C-2 zoning because there ~s no other zoning in the Cit~ at pres~ which would permit their contemplated development. There being no further comment, either for or against, the hearing was declared closed. Associate Planner Manganelli explained that a motel falls under a C-2 zone, and had the applicant requested C-1 zoning, a variance would be required in order to construct the motel. Mr. Manganelli commented that should the applicant's plans fall through on this project, then any use allowed under C-2 would be allowed here, if the prezoning ~s approved. Member York reit the Commission should adopt the C-V zoning to which this property would apply. Chairman Stewart asked whether it could be adopted as an emergency ordinance. City Attorney Lindberg stated this matter has been d~scussed and he would suggest the Commission adopt this zone in the same manner in which they adopted the ¢-N zone. Mr. Wittman suggested the Commission approve C-1-D zoning for this site; in this way, he declared, they would have architectural control and a more restrictive zoning, and the owners would have no objection to converting this ¢-l-D zone to the C-V zone at the time it is adopted. Mr. Wittman indicated that they plan construction on this site for the first of the year. Mr. Manganell~ remarked that this annexation w~ll go to the Local Agency Formation Commission next month. He asked that the Commission establish the setbacks at 20 feet as proposed under the new C-V zone. RESOLUTION NO. 425 Resolution of the City Planning Commission Recommending MSUC (Guyer-Adams) to City Council the Prezonlng for Property Located at the Northwest Corner Bonita Road and Bonita Mesa Road and Setbacks to be Established at 20 Feet Findings are as follows: 1. Good~ zoning practice. The General Plan delineates this interchange area as visitor-commercial zoning, and upon annexation to the City, this property will have that zoning. 2. C-1-D zoning exists across the street from th~s location, and the recommended C-1 zoning will preclude some objectionable uses permitted in the requested ¢-2 zoning and the "D" Zone will allow the Commission to exert architectural control. -4- PUBLIC HEARING (Cont'd)~ Variance - Methodist Church - 500 E. Naples Street - Request for Use of Trailers as Temporary Buildings A letter from Rev. James Brabant, Park Hill Methodist Church, was read in which he stated that they have been unable to obtain the needed information from the trailer manufacturers concerning the use of these buildings for their church. Therefore, he asked that their application be withdrawn. MSUC (Adams-York) Application be filed with no action. PUBLIC HEARING -..Variance - Margaret Gunthorp - 20 Second Avenue - Request to Split Parcel ~nto Lots Without Required Street Frontage The application was read in which permission was asked to divide the parcel into three lots with the rear two lots to be served by a 20 foot wide easement from Second Avenue. Associate Planner Manganelli submitted a plot plan noting the location. He stated the divided lots would contain 13,150 square feet and 11,600 square feet of usable area and also a portion of the easement. The proposed easement will be 20 feet wide terminating ~n a cul-de-sac with a 25 foot radius. This being the time and place as advertised, the public hearing was opened. Mr. Milton Milkes, Attorney representing the applicant, declared that the two lots that will be created are choice lots with a view. The easement will be a permanent one and recorded on the deeds as such. ~r. Dwight Dean, owner of the lot immediately south on Second Avenue (28 Second Ave.) objected to the request for the following reasons: (1) the owners will probably sell and leave their home; (2) trucks and other commercial vehicles will be using this easement; (3) which one of the three owners will be responsible for maintaining the easement; (4) there will be an abundance of dust if the easement is not paved; (5) a better access for these lots would be from "C" Street rather than this easement; (6) understands they may build apartments on these rear lots. There being no further comment, either for or'against, the hearing was declared closed. Member Guyer questioned whether there will be an adequate turn-around. Mr. Manganelli noted ~t would be 50 feet across with a 25 foot radius which is felt to be adequate. Member York remarked that this seemed to be a logical solution to a deep lot in this R-1 zone and the land is completely landlocked. Member Adams said he felt it was an admirable plan. Chairman Stewart explained that lots like this were mistakes made many years ago, and it is not right to keep them vacant. He cannot think of any other reasonable solution for this problem other than to open the land up as requested tonight. MSUC (Adams-York) Variance request be granted subject to the following conditions: 1. The easement shall be paved with 4" of PCC or 2" of AC on 4" AB or as otherwise determined by the City Engineer as a result of soil tests taken on the property. 2. Houses shall be set back a minimum of 15 feet from the easement. -5- 3. Garages shall be set back a minimum of 20 feet from the easement. 4. Each parcel without street frontage shall provide a minimum of two on-site surfaced guest parking spaces in addition to required garages. 5. A parcel map formally dividing the subject property shall be filed prior to the issuance of any building permits on the parcels. 6. The plot plan and architecture of each dwelling placed on the created lots shall be approved by the staff. 7. All trees shown on the plot plan submitted by the applicant shall be retained. Findings be as follows: 1. That there are practical differences and unnecessary hardships within the meaning of Ordinance No. 398 as amended which would result in the strict compliance of the provisions of sa~d ordinance. So stated as delineated below. 2. That there are exceptional circumstances and conditions applicable to the property herein involved or the intended use thereof that do not apply generally to property or class of uses in the same zone. The subject property is a 1.5 acre parcel in an area predominantly composed of lots whose sizes are considerably smaller than those proposed. 3. The granting of such variance ~s necessary for the preservation of the sub- stantial property right of the applicant. The applicant is presently being denied the privilege of dividing his property into lots, the size of which are prevalent in the immediate vicinity and for which the area is zoned. 4. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property improvements in the zone or district in which said property is located. The applicant proposes to sell the rear two lots for R-1 purposes and retain the third lot for her own residence. The net density of the entire project would be approximately one-half acre per tot, a density which would be considerably lower than the area around it. PUBLIC HEARING: Variance - Forrest W. Sweat - 742 Alpine Avenue - Request to Divide Parcel Into Two Lots Each Conta~nin~ 6384 Square Feet and Construct a Three Bedroom Dwellinq Containin~ 1008 Square Feet The application was read in which permission was asked to split the parcel into two lots containing~384.38 square feet each; also to construct a three-bedroom house containing 1008 square feet. The zoning ordinance requires a minimum of 1200 square feet. Associate Planner Manganelli submitted a plot plan noting the location and the way the parcel is proposed to be d~vlded. He explained that the westerly lot would be conforming since the ordinance states that the applicant can add one-half the width of the abutting alley to the lot - this would bring it over 7,000 square feet. He then reviewed the recommended conditions of approval. Mr. Manganelli added that there will be no curb cuts on Kearney Street; the western lot will have vehicular access from the alley only. -6- This being the time and place as advertised, the public hearing was opened. Mr. Sweat, the applicant, stated he was present to answer questions. The Commission discussed the requirements for the one-car garage or carport. Mr. Manganelli explained that prior to getting a building permit issued for con- struction on the new lot, this garage or carport would have to be built. There being no further comment, either for or against, the hearing was declared closed. Chairman Stewart suggested a condition be imposed about having the garage access come off the alley. Member Adams felt the request was a reasonable one and it was a good solution of the problem of using this lot. He added the lots were not too small to be split in this manner in this area of town. Member York, discussing the garage requirement, suggested it be built prior to the issuance of a certlfrcate of occupancy rather than a building permit. Mr. Manganelli declared the condition would be altered to incorporate this change. MSUC (York-Guyer) Variance request be granted subject to the following conditions: I. A one-car (or larger) garage or carport shall be constructed on the easterly parcel prior to the issuance of a certificate of occupancy on the building on the westerly lot. 2. A lot split and parcel map shall be filed prior to the issuance of any building permit on the westerly lot. 3. The garage on the proposed dwelling shall face on and use the alley as its access. 4. Elevations and plot plan shall be approved by the staff. Findings be as follows: 1. That there are practical differences and unnecessary hardships within the meaning of Ordinance No. 398 as amended which would result Jn the strict compliance of the provisions of said ordinance. So stated as delineated below. 2. There are exceptional circumstances and conditions applicable to the property herein involved or the intended use thereof that do not apply generally to property or class of uses in the same zone. In computing the area of the property using one-half the width of the alley as the Ordinance permits, the parcel is only 482 square feet short of the 14,000 square feet needed to sever the property into two conforming lots. The existing dwelling has a 125' rear yard all with street frontage which is difficult to maintain but easily split into usable lots. The presence of the alley provides space between the proposed dwelling and the house to the west. This is an older area of the City with smaller houses than that requested. 3. Granting this variance is necessary for the preservation of the substantial property right of the applicant. The applicant is being denied the right to develop the property in a manner similar to that which exists in the area. The parcels to the east and west of the subject property are both sub-standard in area and most of the houses in the neighborhood do not conform to the area require- ments of the Ordinance. -7- 4. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property improvements in the zone or district in which said property is located. Much of the area is developed in a manner similar to that which is proposed. Resolution No. 426 - Cha.n~in9 Next Regular Meetin~ Date from October 17 to October 24 Associate Planner Manganelli stated the next regular meeting falls on October 17 which is the date of the League of California Cities Conference being held in San Diego this year. Since most of the Commissioners will be attending this event, the staff suggests the meeting be held one week later - October 24. RESOLUTION NO. 426 Resolution of the City Planning Commission Canceling the MSUC (Guyer-York) Regular Meeting of October 17. The next regular meeting will be held on October 24, 1966. Vacation of "D" Street Associate Planner Manganelli noted a letter sent to the City Council by the property owners on 119 and 123 Minor Street asking that that section of "D" Street which adjoins their property be abandoned. They stated as their reasons that the street was never used or improved since it was given to the C~ty about 30 years ago and that ~t will never be used as a street now or in the future. Mr. Manganelli asked that this matter be placed on the next meeting agenda for Commission recommendation. MSUC (Y~rk-Guyer) Matter of the vacation of "D" Street to be considered at the next meeting - October 24. To Be Set for Public Hearin~ - Ordinance Modifyin~ Extraordinary Vote Requirement by City Council to Overrule Plannin~ Commission Decisions and Establishin9 Mew Zonin~ Administration Procedures City Attorney Lindberg briefly explained the amendment stating this has been discussed at previous workshop meetings. The present ordinance requires an extraordinary vote on the part of the Council to amend or overrule any Planning Commission decisions. This is not consistent with present State laws and it is questionable as to the legality of it. Mr. Lindberg declared that he and the staff would recommend that this extraordinary vote be deleted. He suggested a workshop meeting be held prior to this public hearing to review this proposed amendment which will modernize existing zoning procedures. RESOLUTION NO. 427 Resolution of the City Planning Commission of Chula Vista, MSUC (Guyer - York) California, Calling a Public Hearing for October 24, 1966, to Consider an Amendment to the Zoning Ordinance Modifying the Requirement for an Extraordinary Vote by the City Council to Overrule Planning Commission Decisions Regarding Zoning To Be Set for Public Hearin~ - Prezonin~ on Quintard Annexation No. 1 - Northwest Corner Quintard Street and Hilltop Drive to R-3 or More Restrictive Zone Associate Planner Manganelli reviewed this matter stating at the time annexation of this property was requested, the applicants requested R-3 zoning. The Commission denied this request; however, the Council approved it on an appeal. The Council vote -8- was 3 to 2 which was not enough to overrule the decision of the Planning Commission. Now that this annexation has been approved by the Local Agency Formation Commission, the staff is once again bringing the matter back to the Commission for prezoning in view of the contemplated change in Council vote requirement. RESOLUTION NO. 429 Resolution of the City Planning Commission Calling a Public MSUC (Adams-York) Hearing for November 7, 1966 to Consider Prezoning of the Quintard Annexation No. 1 Workshop Meetin9 A date for a workshop meeting to discuss the new proposed C-V zone and the amendment for new zoning ordinance procedures was discussed. The Commission concurred that Monday, October 10 would be agreeable, at 7:00 p.m. in the Administration Conference Room. ORAL COMMUNICATIONS Mr. Frank Ferreira, 3715 Putter Drive, Bonita, suggested that plastics related to each application be placed on the screen prior to the reading of an application. Chairman Stewart commented that this was a good suggestion and asked that the staff do this in the future. .~ague of California Cities Conference Associate Planner Manganelli stated the annual conference this year is being held in San Diego from October 16 through the 19th. The Secretary will call the Commission as to reservations, etc. ADJOURNMENT MSUC (York-Guyer) Meeting adjourn to the workshop meeting of October 10, 1966 at 7 p.m. in the Conference Room, Civic Center. Respectfully submitted, ~sseecn~]~a~ Ful asz