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HomeMy WebLinkAboutPlanning Comm min 1965/08/16 MINUTES OF A REGULAR ADJOURNED MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA August 16, 1965 The regular adjourned meeting of the City Planning Commission of Chula Vista was held on the above date at 7 P.M., in the Council Chamber at the Civic Center, with the following members present: Stevenson, Stewart, Comstock, Johnson, Vaden, Adams and Guyer. Absent: None. Also present: Director of Planning Warren, Assistant Planner Terrell, City Attorney Lindberg and Principal Engineer Harshman. STATEMENT The Secretary of the Commission hereby states that she d~d post within 24 hours of adjournment, as provided by law, the order of the Commission for the adjourned meeting of August 2, 1965. APPROVAL OF MINUTES MSUC (Johnson-Vaden) Minutes of August 2, 1965 be approved, as mailed. Request for Approval of Dwelling - Bonita Verde Subdivision Director of Planning Warren submitted the plans for a residence, which will con- tain approximately 2000 square feet, to be built on Lot 21, 3641 Bonita Verde Drive. All four sides of the residence will be covered with wood siding, and it will have a shake shingle roof. It was noted that no landscaping plans were submitted. MSUC (Adams-Guyer) Plans be approved, as submitted. REZONINGS PUBLIC HEARING: Northeast Corner of Fifth and "H" Street - R-3 to C-I Peltler~ McCredle and Wencke The application was read in which a request was made for a change in zone from R-3 (multiple-family) to C-1 (light commercial) and a reduction in setback from 25 feet to zero for the purpose of constructing a large retail store and a general commercial building. Director of Planning Warren submitted a plot plan noting the location, adjacent land use and zoning. The lot has a width and depth of 620 feet, and is presently being used for agriculture. The shopping center to the south of this site is presently zoned C-2, but a change to C-1 is contemplated. Mr. Warren indicated the Commission should see detailed plans of the development before granting any setback reduction. Chairman Stevenson noted the vacant parcel to the northeast of this site and questioned whether this would be landlocked. Director Warren said he believed this parcel, owned by Bob Casey, has an access via an easement and would probably be used someday for the hospital expansion. This being the time and place as advertised, the public hearing was opened. -I- Mr. George Owen, 50 Monte Vista, explained that the vacant parcel has adequate access on the west side of the hospital. Mr. Paul En§strand, attorney representing the applicants, stated the vacant parcel has a 40 foot access. He then showed the Commission a plot plan of the proposed development stating there will be space for 675 cars. There will be a separate building for automobile display; the other building will be for some type of financial enterprise. Member Vaden questioned the reason for the reduction in setback to zero. Mr. Eng- strand stated this was purely for sign purposes, and they would have no objection to the Commission holding the setback where it is until a final plan is completed. Member Johnson questioned the results of any market survey they may have conducted. Mr. F. Frankel, A.I.A., architect for this project, explained the project was designed to be compatible with the existing Broadway shopping center; they will be using some quartz concrete on the buildings so that it would enhance the develop- ment. There will also be planned landscaping for the development. Mr. Frankel added that they have no objection to the architectural zone being placed on this site. Mr. Collinger, associated with Save-Co stores, declared they were the ones that would be leasing this land, since they feel it is a good regional shopping area; their store will round out the complex already started in this area. He reviewed the past history of his company. He added that they have recently completed an exhaustive survey of this site and the results were that this complex could be outstanding. In this survey, they studied several other sites, some in National City and other bordering cities, but found this particular site to be the most suitable. Vice-Chairman Stewart asked if this company had committed themselves to this site. Mr. £ollinger stated the property was accepted by them and now they are going ahead with the deal; that Mr. Wencke will have a commitment on his desk in a day or so. Vice-Chairman Stewart suggested a copy of the lease be given to the staff prior to final rezoning action. There being no further comment, either for or against, the hearing was declared closed. Director Warren commented that the commercial development along "H" Street has been controversial in the past years; the Commission has been trying to avoid strip commercial here, but this would not be "strip" development. The other discount houses in the Sweetwater Valley are not well-designed aesthetically and have no landscaping, etc. Mr. Warren added that the Commission should welcome any well- planned commercial development, but he felt the staff and the Commission should work with the developers while the plans are being developed. Director Warren then discussed the traffic problems in this area commenting that he had hoped that Fifth Avenue next to Sears would be closed; however, Sears did not want to go along with this. The general traffic pattern in the area is good; however, the internal circulation of the shopping center is very poor. We must be very careful in planning the site to prevent traffic chaos at this intersection, he added. Member Johnson asked if any special thought was given to the hospital being adjacent to this development, in terms of having a greater setback separating them. Director Warren declared this should be considered depending on how they develop the site. An opinion can be solicited from the hospital people, since the store will be constructed next to the proposed hospital expansion. RESOLUTION NO. 369 Resolution of the City Planning Commission R~commending MSUC (Vaden-Comstock) to City Council the Change of Zone to C-1-D for the Northeast Corner of Fifth Avenue and "H" Street Findings are as follows: 1. It represents a logical expansion of an existing important commercial center, and because of its relationship to existing uses: a church, Junior High School, hospital, and commercial uses, it represents good zoning practice. 2. The applicant presented facts that research illustrates an immediate market for the proposed development, thus representing public necessity, convenience and general welfare. 3. A letter or agreement to purchase the property to be filed with the Planning Department. PUBLIC HEARING: Permanent Zoning and Establishment of Setbacks - Certain Properties now Interim Zoned Director of Planning Warren noted on the map the areas to be permanently zoned, and the establishment of the setbacks. The only one that might be controversial, he remarked, would be the 8 acres on the southwest side of Bonita Road and Otay Lakes Road presently interim zoned C-1 and for which the staff is recommending R-3-B-3-D with a 15 foot setback. The General Plan calls for high density residential in this area, and by rezoning it to B-3, would promote development consistent with the existing apartments northwest of this site. The reason it was brought into the City as interim C-1 was because it was zoned as such while in the County, and the former Director of Planning, along with a member of the Council and Commission had met with the people in the Valley at the time of annexation, indicating that an attempt would be made to retain the same zoning after annexation as they then enjoyed. Director Warren stated that is unusual for a site to remain interim zoned all this time; he felt, on an annexation, the site should be interim zoned what the Commission feels the best use for it might be; that they should always leave room for study of the property. With the commercial develop- ments now in the Valley, there is sufficient shopping area to serve the needs of the Valley. Director Warren then commented on the setback on the south side of Bonita Road adjacent to the new shopping development - Bonita Village #2. This was advertised as 5 feet; however, the developers are presently me intaining a 12 foot setback here, and he felt it would be proper to recommend a 10 foot setback. Member Comstock questioned the agricultural zone for the golf course. Director Warren explained the owners of the golf course requested that it remain this zone, and the staff was in full agreement because it is the most logical zone for a golf course. This being the time and place as advertised, the public hearing was opened. A letter was read from Mr. Lloyd Lee, owner of the parcel at the southwest corner of Bonita Road and Otay Lakes Road, objecting to the change of zone on his site. -3- Director Warren commented on the letter stating whatever commitments were made to these property owners should be honored by the people who made them. The staff cannot objectively recommend commercial zoning for this site, since there is too much commercial zoning now in the area. The staff recommendation was based on an analysis of the area, not prior commitments. Member Vaden agreed that the highest and best use for the site was R-3, unless proven otherwise. V~ce-Chairman Stewart stated he was one of those on the committee that met with these people in the Valley and assured them their properties would remain the same if they annexed to the City. Mr. Stewart added that the committee also told these people that this commitment was not a perpetual thing, that times do change; however, the law of economics would have to have more time to operate before he felt he would change bls mind about rezoning this parcel. Member Johnson remarked that no one in the area came in and objected when the hearings were held on the General Plan. Mr. Lloyd Lee, owner of the parcel at the southwest corner of Bonita Road and Otay Lakes Road, stated he was asked by the City to bring his property in to establish contiquity for those requesting annexation. He said he never knew it was interim-zoned until now; he was always under the impression that it was permanently zoned. He added that the law of supply and demand would say what would be the best use for the site, and the corner has already been sold to the Richfield Corporation for a service station site, and that now he is in the pro- cess of negotiating for a commercial development for the remainder of the site. He felt this would add a lot to the area commercially, and commented that he had never received an inquiry for any potential R-3 development. Mr. Cliff Harman, 3956 Otay Lakes Road, questioned the need for the 25 foot set- back along his property. Director Warren stated the present setback is 25 feet, and that all agricultural zones should have a minimum of 25 feet until such time as a development might be contemplated. There being no further comment, either for or against, the hearing was declared closed. Director Warren discussed t~ shopping center sites contemplated for the South- western College area, which are more than large enough to be able to supply their own needs. That area is in no way dependent upon the Bonita shopping area. Member Adams discussed the site on the southwest corner of Bonita Road and Otay Lakes Road stating that he felt there was ample commercial zoning in the area without this property. He added that just because there was no demand for this property right now for a multiple-family development, was no indication that there won't be in the future. As to the term "highest and best use", Mr. Adams remarked that this is an over-used cliche, which seldom has any factual support. He declared he was in favor of approving the zone just the way the Planning staff has recommended. Member Guyer felt action on this particular site should be continued for further study. Director Warren reminded the Commission that it has been interim zoned now for the past two years, and it wasn't fair to the owner to have an interim zone remain on his property. At this time, City Attorney tindberg asked to be excused and left his chair. -4- Vice-Chairman Stewart commented that the corner of this property was sold to Richfield for a service station site. Director Warren stated the staff was aware of this, and that Richfield should have been aware of the fact that it was interim zoned. The fact that they bought this corner is no justification for C-1 zoning. Member Comstock questioned whether Richfield was aware of the fact that his property was interim zoned when they purchased it. Director Warren stated that they should be aware of the proposed permanent zoning, since they were sent a notice. Mr. Warren reiterated that the staff has studied this area and strongly recommends the R-3 zoning for subject site. Chairman Stevenson suggested this be either studied further or hold to the commit- ment. Vice-Chairman Stewart felt this site should be eliminated from this action. RESOLUTION NO. 370 Resolution of the City Planning Commission of Chula MSUC (Stewart-Comstock) Vista, California, Recommending to City Council Permanent Zoning and Setbacks for Certain Properties now Interim Zoned. The permanent zonings and setbacks to be as follows: Greg Rogers Park Annexation - Interim R-1 to R-1 Fred Rohr School Annexation - Interim R-1 to R-1 Loma Verde Park Annexation - Interim R-1 to R-1 Bonita Vista dunior High School - Interim R-1 to R-1 and establishing 25 foot setbacks along Otay Lakes Road First Avenue Annexation No. 1 - Interim R-1 to R-1 and establishing setbacks at 10 feet on Quintard Street and 15 feet on First Avenue Portion of Rienstra A?~n~xation, located 280 feet east of Hilltop Drive, south side of Rienstra Street - Interim R-1 to R-I Loma Verde School Annexation - Interim R-1 to R-1 and establishing 20 foot setbacks alo~ Hilltop Drive Bonita Village Annexation #2 from interim C-1-D to permanent C-1-D and establishing setbacks of ten feet (10') on Bonita Road and fifteen feet (15') on Allen School Road The Bonita Valley Country Club property located on the north side of Bonita Road directly across from the extension of Otay Lakes Road, extending west for approximately 521 feet, from interim A-D to permanent A-D and establishing a setback of 25 feet on Bonita Road. A portion of Bonita Village Annexation #1 starting at a point approximately 466 feet south of Bonita Road, running 540 feet south, along the west side of Otay Lakes Road, further described as parcel 593-043-7, from interim A-D to permanent A-D and establishing a 25 foot setback on Otay Lakes Road -5- MSC (Stewart-Comstock) The present interim zoning on the southwest corner of Bonita Road and Otay Lakes Road be permanently zoned C-1-D with setbacks established at 10 feet. Director Warren reminded the Commission that a hearing was called to consider R-3-D zoning with setbacks of 15 feet; that a new hearing may be required. Vice-Chairman Stewart stated he would change the motion to read a setback of 15 feet. Member Vaden remarked that since the entire parcel was being acted upon, that this had a lot of bearing, and in the interest of good zoning practice, the Commission could be outdoing themselves here; that perhaps the property should be split into two zones. The motion carried by the following vote, to-wit: AYES: Members Stewart, Comstock, Stevenson and Guyer NOES: Members Johnson, Vaden and Adams ABSENT: None Director Warren stated this last motion may be improper, since it was advertised for R-3 zoning and the Commission is permanently zoning it to C-1. Since the City Attorney hasn't returned, the legality of it cannot be determined at this time. Discussion - Revised Parking Layout for St. Mark's Lutheran Church Director of Planning Warren explained that two weeks ago, the Commission approved the plans for the new church on the property located at Hilltop and "l" Street. They asked that the revised plan for parking be brought back to the Commission for approval. Director Warren then submitted the new parking plan stating all spaces were within the setback area, and the staff would recommend this plan for approval. MSUC (Vaden-Johnson) Revised parking plan, as submitted, be approved. VARIANCES PUBI. IC HEARING: Tony Kantrud - 401 Third Avenue - Car Sales - C-2 Use in C-1 Zone The application was read in which a request was made to use a portion of the property at 401 Third Avenue, the rear 25 feet along "G" Street, for the purpose of selling used cars, a C-2 use on property zoned C-1. Director of Planning Warren submitted a plot plan noting the location, adjacent land use and zonings. The applicant had stated in his motion that the property across the street was zoned C-2; this is actually zoned C-1. The applicant wishes to have 6 used cars on the lot for sale, using just this rear portion of his lot for this purpose. This being the time and place as advertised, the public hearing was opened. Mr. Tony Kantrud, 401 Third Avenue, the applicant, stated that many of his customers leave their cars ~ith him, and from time to time, have asked him to sell these cars. The site is being leased from Standard Oil Corporation; they would not allow car sales on the entire site; however, they did consent to the rear portion of this lot being used for this purpose. -6- There being no further comment, the public hearing was declared closed. Member Vaden remarked that he could envision this same request coming from many service station owners in the future. He felt it wouldn't be good planning to permit this use. Member Comstock stated that most oil companies today prefer a site that would be IO0 square feet minimum and even up to 150 square foot minimum. This particular site would be considered small according to sites they select today, and Member Comstock added, it would be overcrowding the site with this use and be a traffic hazard and eye-sore as well. Member Adams declared they shouldn't do anything to downgrade the Third Avenue business district; on the contrary, they should attempt to do everything to upgrade this district. The C-1 zoning on this avenue was put there purposely to keep used car businesses out; that consideration should be given to rezoning the adjacent areas zoned C-2. MSUC (Guyer-Adams) Variance be denied based on the fact that the use would not be compatible with the existing uses and general character now on Third Avenue, and that no exceptional circumstances, as delineated in the ordinance, could be found that would justify granting this variance. At this time, City Attorney Lindberg returned to his seat and the Planning Director questioned him on the action taken by the Commission in approving a C-1 zoning for that property located at the intersection of Bonita Road and Otay Lakes Road, instead of the R-3 as was advertised. City Attorney Lindberg stated the action was invalid; it would have to be read- vertised for the C-1 zoning. He added it would still remain interim C-1 pending the public hearing by the Commission to permanent zone it as such. MSUC (Stewart-Comstock) Resolution of the City Planning Commission Stating RESOLUTION NO. 372 Their Intent to Call a Public Hearing for September 20, 1965, to Permanently Zone to C-1 that Property Located at the Southwest Corner of Bonita Road and Otay Lakes Road (The former motion concerning this property was rescinded). PUBLIC HEARING: Fidel Hernandez - 1031 Melrose Avenue - Reduction of Rear Yard Setback - 20 Feet to 17 Feet The application was read in which permission was requested for a reduction in rear yard setback from 20 feet to 17 feet for the purpose of building an addition to his home. Director of Planning Warren submitted a plot plan noting the location and adjacent land use. He also discussed a sectional elevation comparing this lot to that of his neighbors. This being the time and place as advertised, the public hearing was opened. Mr. Fidel Hernandez, the applicant, stated he needs this addition because of his large family gatherings. He asked that the request be granted. -7- Mr. Fisher, hired to construct the addition, asked the Commission to take into consideration the amount of area that would be left in the rear yard after the addition was added. He added that the right hand corner of the rear yard was to be reserved for a pool. Vice-Chairman Stewart questioned what difficulty would incur if the applicant observed his setback requirement, and put the addition on overlapping the patio somewhat. Mr. Fisher could see no difficulty in this and remarked that he did discuss this with Mr. Hernandez but that it was dismissed. There being no further comment, either for or against, the hearing was declared closed. Member Adams stated he could find no exceptional circumstances about this property; that the high wall in the back could be the reason why it might not be detrimental to the adjoining property, but that this was not an exceptional circumstance that could be used for a basis in granting the variance. MSUC (Adams-Guyer) Variance be denied because no exceptional circumstances con- cerning the lot, as delineated in the ordinance, could be found that would justify granting this variance. A modification in the proposed addition plans would allow the same floor area and proper observance of the rear yard. Weatherstone South Subdivision - Unit #3 - Filial Map Member Johnson stated he was abstaining from the hearing. Director of Planning Warren submitted the map stating this was the final unit of the total subdivision. The staff would recommend approval since this map is in conformance with the tentative map. A recommendation from the Engineering Division was read in which they requested the posting of letters from utility companies regarding their easements. MSUC (Guyer-Stewart) Approval of final map subject to the posting of letters by the various utility companies regarding utility easements, or depicting such easements upon the map sheet. Request for Deferral of Public Improvements - Victor Wulff - 4041 Bonita Road A letter was read from Mr. Wulff requesting deferral of public improvements in front of his business establishment at 4041 Bonita Road until such times as design plans for widening Bonita Road are completed. MSUC (Johnson-Adams) Approval of request subject to the following conditions: 1. The installation of public improvements (curb and sidewalk) be deferred until such time as design plans for widening Bonita Road are complete. 2. That a lien, bond or cash deposit in the amount of three hundred seventy-five dollars ($375.00) be provided as assurance of completion of such improvements. 3. That installation of required improvements will be commenced within thirty (30) days following receipt of written notice from the City Engineering Department. -8- Discussion - Tentative Freeway Agreement - Route #54 Planning Director Warren discussed the tentative freeway agreement which was sent to the staff for recommendations and comments; it involves the South Bay Freeway (Route #54). Director Warren noted the interchanges that will occur and that no access to the tourist commercial area suggested on the General Plan would be pro- vided from the Freeway to Freeway interchange - 54 and 805. Director Warren dis- cussed the area proposed for tourist commercial development, informing the Com- mission that this was just an informative session; no action need be taken by the Commission. Vice-Chairman Stewart asked if this agreement had been discussed with the Engin- eering Department. Mr. Warren remarked that he did discuss the map with Lane Cole and that they both recognized a tremendous problem at these complicated interchanges for providing access to local areas. Mr. Warren added that if, in the future, this agreement is adopted and if someone wants to develop the areas with tourist commercial, then the Commission should be aware of this plan. Vice-Chairman Stewart declared the areas should have proper access at the inter- changes. Member Comstock questioned the possibility of additional interchanges between Highland and 805. Director Warren indicated the Chamber of Commerce had discussed the possibility of connecting First Avenue to it, but thus far, there has been no commitment from the State. Mr. William Harshman, Principal Engineer, commented that one of the rules the State goes by is to have an interchange every mile, and that the City has more than that now. After discussion, Chairman Stevenson indicated the Commission would approve any recommendations the Director would care to make on these interchanges, but that perhaps a frontage road was the solution. Resolution - Changing Meeting Date from September 6 to September 8 Director of Planning Warren stated the 6th is a holiday and therefore, the staff would recommend the meeting date be changed to the 8th, which is the following Wednesday. RESOLUTION NO. 371 Recommendation of the City Planning Commission Canceling MSUC (Adams-Guyer) Regular Meeting of September 6 Written Communications A letter was read from E. Alan Comstock submitting his resignation from the City Planning Commission effective September 10, 1965. The Commission expressed their regrets and asked that a resolution of commendation be prepared. ADJOURNMENT MSUC (Vaden -Johnson) Meeting adjourn sine die. Respectfully submitted, d[~/Jennie M. Fulasz Secretary