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HomeMy WebLinkAboutPlanning Comm min 1965/03/01 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA March 1, 1965 The regular meeting of the City Planning Commission of Chula Vista, California, was held at 7:00 P.M., in the Council Chamber at the Civic Center on the above date with the following members present: Stevenson, Stewart, Comstock, Willhite and Adams. Absent: Members Johnson and Guyero Also present: Director of Planning Warren, Assistant Planner Terrell, City Attorney Lindberg and Principal Engineer Harshman. APPROVAL OF MINUTES MSUC (Comstock-Stewart) Minutes of February 15, 1965, be approved as mailed. REZONING - PUBLIC HEARING: San Diego Trust & Savings Bank - West Side of Fig Avenue~ South of "H" Street -- R-1 to C-1-D and Reduction in Setback The application was read in which a request was made for a change in zone for property (Lot 2) located west of Fig Street and south of "H" Street from R-2 (multlple-fam~ly) to C-1-D (light commercial with architectural control), also setbacks be established as 10 feet along Fig Avenue. Director of Planning Warren submitted a plot plan noting the location and adjacent land use and zoning. He reviewed the matter whereby the adjacent two lots (Lots 3 and 4) were rezoned to C-1-D by Council action, granting an appeal. Director Warren explained that the existing setback is 20 feet along Fig Avenue. The applicant is requesting that this be reduced to 10 feet for the three lots along Fig Avenue to provide for adequate parking and proper site development. Chairman Stevenson questioned the parking spaces proposed by the applicant and asked if the requirements of the ordinance would be met. Director Warren indicated that the proposed parking is adequate, but a final plot plan was not up for consideration at this time. This being the t~me and place as advertised, the public hearing was opened. Mr. Glen Rick, speaking on behalf of the applicants, discussed the request and pro- posed plans, indicating that the 25 foot setback on "H" would be observed. The Secretary stated she received one letter of protest from Mr. and Mrs. Lauder H. Turpin, 519 Fig Avenue. There being no further comment, either for or against, the hearing was declared closed. Chairman Stevenson questioned whether there was sufficient space for the bank building and the required parking if this parcel was not rezoned. Director Warren remarked that their plot plan has not been studied by the staff to that extent, but in all probability, they would have to make the building smaller than what they propose. Member Comstock commented that he felt the Council was in error in overriding the decision of the Commission and granting this rezoning. He added, however, that it -1- would now be poor planning practice to have the three lots rezoned and leave one remaining lot in the block zoned residential. He felt this request should be held over untl] the next m~eting, and this additional lot be advertised for rezoning to C-1-D also, and that the entire matter be considered together at the next meeting. Director Warren suggested the Commission give this further consideration. If this lot is rezoned, then there may be an attempt to open Shasta Street, throwing heavy commercial traffic onto Fig Avenue. Member Comstock disagreed, stating that Sears is building a wall across the end of Shasta. Member Adams felt the lot should remain residential and not be rezoned. He commented he had no objections to the request by the applicant for rezoning the additional lot and the reduction in setback. Member Willhite stated that the reduction to 10 feet along Fig Avenue, across from a residential zone, would be poor planning practice - the closer commercial build- ings are moved to residences, the more problems you have. This would be poor planning practice. He added the Commission should consider rezoning the entire block if any more, since this would represent a better zoning pattern. Member Comstock agreed the setback should not be reduced. He declared Fig Avenue is designated as a residential street and not commercial; that the developer should observe requirements of the residential zone across the street. Chairman Stevenson asked if there were any plans for a fence between the bank property and this last lot. Mr. Glen Rick stated they plan to construct a solid wall here. Director Warren indicated the Commission should stipulate this and also require some landscaping, since this was the "D" zone. MSC (Comstock-Stewart) Request for rezoning be held over until the next meeting so the additional lot on the corner of Fig Avenue and Shasta Street be advertised for rezoning from R-2 to C-1-D. The motion carried by the following vote, to-wit: AYES: Members Comstock, Stewart, Stevenson and Willhite NOES: Member Adams ABSENT: Members Johnson and Guyer SUBDIVISIONS Weatherstone South Unit No. 2 - Final Map Director of Planning Warren submitted the map noting the location as south of Street, west of Floyd Avenue, an extension of Will owcrest Way. This unit contains 18 single-family lots, part of a total of 85 in the entire subdivision. Mr. William Harshman, Principal Engineer, reviewed the recommendations the Engineering Department would ask be imposed. MSUC (Stewart-Comstock) Final map of Weatherstone South Subdivision, Unit No. 2, be recommended for approval, subject to the following conditions: 1. The subdivider shall execute a grant of easement ten feet in width for sewer purposes over and across the offsite portion of the proposed sewer realignment. -2- Such easement shall be submitted for acceptance by the Council prior to Council action upon the final map. 2. The map shall show the existing l0 foot width sewer easement across Lots 49 and 50. 3. All fees yet unpaid shall be on deposit with the Finance Officer prior to sub- mission of the map for Council action. 4. The map shall show a one-foot Lot "B" along the easterly side of Willowcrest Way, north of Lot 64. Appropriate references to such Lot "B" shall be added to the title sheet. 5. The subdivider shall, prior to Council action, submit an appropriate grant deed for both one-foot lots, granting the underlying fee to the City. The deed shall be complete in all ~espects, including signatures, except for the recorded map number which shall be added following recordation. Princess Manor Unit No. 7 - Final Map Director of Planning Warren submitted the map and noted the location as East Rienstra Street at Melrose Avenue. The subdivision contains 5 acres with 18 single-family lots. Director Warren added that design-wise, it ~s in conformance with their tentative map. Mr. William Harshman, Principal Engineer, presented the recommendations of the Engineering Department. City Attorney Lindberg stated he has a couple of alternatives in approving or dis- approving the problem of Rienstra Street and Melrose Avenue. He is also working on the problem, common with all subdivision, that of damage to persons or property adjacent to the construction. Mr. Jerry Carlat, Engineer for Princess Park Estates, Inc., stated the conditions as outlined by the Principal Engineer were satisfactory; however, he questioned the prorated share of expense the developers would be required to pay for the ultimate gravity sewer line to replace the Max Avenue pump station. He asked how many acres of land were ~nvolved here. Mr. Harshman said it was difficult to say at this t~me - they are, perhaps, talking about 50 to 100 acres of land. Mr. Carlat then questioned whether it was legal to impose a condition on the final map that was not imposed on the tentative. City Attorney Lindberg stated it was, since the Engineering Department was not changing the map at all, just covering the new circumstances they have found. Mr. Carlat asked if th~s matter would now be held up because their grading plans were submitted too late to be reviewed by the Engineering Department. Director Warren said this would be handled by the staff. Member Willhite commented on the number of problems to be worked out between the developer and the staff. He felt these points should be worked out before presenta- tion of a final map to the Commission. When the Commission receives a final map, they should be informed that all conditions have been worked out to the satisfaction of the Planning staff, the Engineering Department, and the developers. Member Com- stock agreed, declaring the conditions should be reconciled, otherwise the map should be held up before coming to the Commission. -3- MSUC (Comstock-Stewart) Final map of Princess Manor Unit No. 7 be recommended for approval subject to the following conditions: 1. In the dedication and acceptance certificates, change the "grading of trees"phrase to "grubbing of trees." 2. Modify the map and title sheets as requlred by the City Attorney following his determination of the best method of handling the East Rienstra Street and Melrose Avenue dedications. 3. Deposit all required fees and charges with the City Finance Officer. Charges due shall include a prorated share of expense involved in providing an ultimate gravity sewer line to replace the Max Avenue pump station. Such charges shall be in the form and amount approved by the City Council. 4. Submit legal decuments in a form approved by the City Attorney releasing the City from current and future responsibility for diversion of the natural stream bed to adjacent property. 5. Submit evidence of having obtained all necessary easements, slope rights and rights to do work upon adjacent property. 6. The proposed method of grading is specifically not hereby approved in that the grading plan was not submitted in time to permit proper review. 7. Submit letters from the various utility companies nullifying the need to show utility easements at the rear of all lots. 8. Submit completed improvement plans and engineer's estimate. 9. If appropriate under the course of action determined under Item #2, the sub- d~vider shall provide necessary one-foot control lots. Princess Manor Unit No. 8 - Tentative Map Director of Planning Warren submitted the map noting the location as lying south of East Rienstra Street between Hilltop Drive and the Castle View Subdivision. The San Diego Gas & Electric Company's right-of-way to the south parallels the property. This Unit contains 43 lots, encompassing 9.5 acres. Director Warren noted that the developers are requesting a 46 foot wide street through the sub- division; this has been worked out to the satisfaction of the staff. He added the corner lot, Lot 35, which showed a frontage of approximately 63 feet should be widened. Mr. William Harshman, Principal Engineer, reviewed the recommendations of the Engineering Department. Mr. Jerry Carlot, Engineer for Princess Park Estates, Inc., stated they have been working on this Unit with the staff and the Engineering Department as closely as they could in order to provide some livable lots. They want to express their appreciation for the red-uction in street width because of the shallow property. He added that all the conditions imposed were acceptable. MSUC (Adams-Stewart) Tentative Map of Princess Manor Unit No. 8 be recommended for approval subject to the following conditions: -4- 1o The subdivider shall be subject to an assessment for his proportionate share of the cost of constructing the ultimate gravity sewer which will replace the existing Max Avenue pump station. The form and amount of the asses~ment shall be as approved by the City Council. 2. Minimum street grades shall be 0.5 %. 3. Storm drain size, material and alignment are specifically not approved and shall conform to future requirements of the City Engineer following submission of further details. 4. Subdivider shall provide evidence of having obtained slope rights, easements and other rights to perform work as necessary upon adjacent property. 5. Contour lines shall be provided beyond the subdivision boundary a distance of 100 feet on the west and south sides. 6. Provide contours at southeasterly corner of the subdivision in detail as re- quired by the City Engineer. 7. Add standard note in form provided by the City Engineer regarding design of the structural street section and the use of untreated base, per State Highway Specifications. 8. Provide minimum 10 foot total width for tree planting purposes. On East Rienstra Street provide additional 5 foot width easement. On Streets A, B, and C, pro- vide l0 foot width easement. Specify that erection of fences, walls, or other above ground structures other than utility company facilities shall not be permitted within two feet of the property line on Streets A, B, and C. 9. Clarify typical section to designate East Rienstra Street as a 60 foot right-of- way containing a 40 foot traveled way; and Streets A, B, and C as 36 foot traveled-ways in 46 foot rights-of-way. 10. Clarify proposed toe of slope location along westerly boundary. ll. Modify note #5 to show setback on all lots to be 15 feet. 12. Lot 35, a corner lot, shall be widened to 70 feet. Bonita Verde Subdivision - Approval of Dwellin~ Director of Planning Warren submitted a plot plan noting the location of the pro- posed dwelling as Lot 32, 3570 Desert Inn Way. Director Warren reviewed the matter stating this was continued from the last meeting because part of the dwelling will be built below the required pad elevation. There was a question as to whether or not the Commission could legally grant this approval. Since the meeting, the Director added, the City Attorney has prepared a "hold harmless" agreement which the developers have signed. City Attorney Lindberg stated the agreement is to insure the City against any liability against flood damage that might result in the home. Member Comstock asked if this would be recorded and on the deed of the property. Mr. Lindberg stated it would be. -5- MSUC (Comstock-Adams) Approval of plans for a residence to be built on Lot 32, 3570 Desert Inn Way in the Bonita Verde Subdivision subject to the signing of a '~hold harmless" agreement as prepared by the City Attorney. Request for Approval of Sign - Shopping Center at the Corner of Telegraph Canyon Road and "L" Street "D" Zone Director of Planning Warren explained the proposed sign is for the Shopping Center at Telegraph Canyon Road and "L" Street - it will be a free-standing sign adjacent to the large Speedee-Mart sign at the entrance to the Center. The applicant pro- poses to have this sign and one other one on the store front. The sign will con- tain 30.5 square feet. Mr. Michael Ferrls, the applicant, stated he has already purchased the sign and knew of no restrictions which would stop him from having the sign. The owner of the Center informed him it was permissible to erect the sign in this location. Member Comstock remarked that they questioned the developer at the time the original use variance was approved and informed him he was in the "D" zone which allowed a maximum of 50 square feet for any free-standing sign. The developers declared it was their desire to have the Speedee-Mart sign as the Shopping Center sign. Member Comstock felt the Commission would be nullifying their original work if they grant any additional free-standing signs in this Center. The Use Variance was granted with certain conditions because this is a residential neigh- borhood; the Commission should stand behind their conditions, Member Comstock added. Member Adams said he agreed 100 %, adding that the Commission stipulated these conditions to make the Center as compatible as they could with the residential area. Chairman Stevenson commented that all other tenants would come in and ask for approval to erect signs here. He added that at the hearing for the orginial variance, the Commission very clearly stated their feelings on this matter to the developer. Msuc (Adams-Stewart) Request for approval of free-standing "Liquor" sign for the Shopping Center at Telegraph Canyon Road and "L" Street be denied, because it conflicts with the provisions of the original use variance granted the developers of this Center, which provided for only one free-standing sign at the Center. Plans for a sign flush with the building must be submitted to the Commission for approval. Discussion - Ordinance Allowing Subdivision Directional Signs in Residential Zones Director of Planning Warren discussed the proposed ordinance prepared by the City Attorney after staff consultation. This came about because developers have con- sistently stated they have many problems directing potential buyers to their tracts. The staff has reviewed provisions of other cities that have thissame ordinance, and have determined the need for it here. This ordinance will permit temporary signs, subject to a conditional use permit, in residential zones. The sign restriction will be not more than 3 square feet maximum, and not higher than 3½ feet, restricting this to private property and not street right-of-way. Property owners will be notified (within 300 feet of the proposed sign) and in case 25 % or more of the property owners object, than the request will be denied. In this case, the applicant can then appeal to the Planning Commission. Member Comstock asked what would become of the week-end "open house" signs. Director Warren said this could not be controlled, as the staff would have as many as 50 conditional use permits for one week-end. He added that any signs in the street -6- right-of-way are in violation. Member Comstock commented that real estate people a~e prone to this type of violation and that he felt the police should control it. The Director remarked that this may come out at the ti m~s of the hearing; he felt the staff should have some guidance on this before setting it for hearing. Since it seems equitable, he asked if the Commission wished to provide for it in this proposed ordinance. Member Comstock felt such signs should be allowed on a temporary basis, not to exceed 24 hours and not in the street right-of-way. Member Adams felt there was no need for this provision. He declared the real estate people who put them up always take them down at the end of the day, because of the vandalism and expense of the signs, for one thing. Member Adams said he had no objection to the signs, and felt the Commission should not get into that area. Member Willhite commented that to ignore the fact that these signs go up on the week-ends would be ridiculous. They should be allowed by ordinance or their removal enforced. Member Comstock then brought up the point of the tract signs and sales offices and wondered whether this could be controlled by the staff rather than have them come to the Commission. He would suggest also that the signage area be increased from 150 square feet to something larger. Director Warren indicated there was no reason Why this couldn't be done. He stated the staff will re-draft the ordinance, incorporating their suggestions, and bring it back at the next meeting. Recommendation - Gre9 Rogers Park Site Annexation Director of Planning Warren noted this annexation contained approximately 20 acres, and is owned by the City. This area lies south of the existing Greg Rogers School- Park on Oleander Avenue, south of Naples Street and will be developed as a Park. The annexation has been approved by the Local Agency Formation Commission. MSUC (Stewart-Willhite) Greg Rogers Park Site Annexation be recommended for approval. Rezoning Study - Portion of "G" Street Between Broadway and Smith Avenu~ Director of Planning Warren informed the Commission of a request received from a property owner in this area desiring to have his property rezoned from C-1 to RM3. Upon this request, the staff has conducted a study to determine the proper zoning for several of the lots in this area, and would recommend these lot be rezoned from C-1 to R-3. This is a good time to eliminate the commercial'zoning along this street; residential development seems to predominate the use here. Member Comstock questioned the drainage channel through this section. Mr. William Harshman, Principal Engineer, noted the channel as running north of "G" Street and going under the present Union Furniture Store. RESOLUTION NO. 345 Resolution of the City Planning Commission Stating Their MSUC (Stewart-Comstock) Intent to Call a Public Hearing for March 15, 1965 to Consider Rezoning from C-1 to R-3 Property located along "G" Street between Broadway and Smith AVenue. -7- Deferral of Public Improvements - Helmuth Brothers - Bonita Road at Allen School Road A letter was read from Frances He~muth requesting deferral of installation of public improvements for property south of Bonita Road, and east of Allen School Road. A letter to the Commission was then read from the Engineering Department recommending approval of the request. MSUC (Comstock-Stewart) Approval of request for deferral of public improvements along property located south of Bonita Road and east of Allen School Road, subject to the following conditions: 1. That installation of public improvements (curb and sidewalk) be deferred until such time as detailed plans by the Division of Engineering are completed, and plans for the realignment of Bonita Road are available. 2. That a lien, bond or cash deposit in the amount of sixty-five hundred dollars ($6500.) be provided as assurance of completion of such improvements. 3. That you will commence installation of required improvements within thirty (30) days following receipt of written notice from the City Engineering Department. ADJOURNMENT MSUC (Willhite-Comstock) Meeting be adjourned until March 15, 1965. Meeting adjourned at 8:30 p.m. Respectfully submitted, ,/Jennie M. Fulasz ~ Secretary