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HomeMy WebLinkAboutPlanning Comm min 1965/01/04 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA January 4, 1965 The regular meeting of the City Plannlng 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 m~mbers present: Stevenson, Stewart, Comstock, Willh~te, Adams and Guyer. Absent: Member Johnson. Also present: Planning Director Warren, dunior Planner Lee, City Attorney Lindberg and Principal Engineer Harshman. APPROVAL OF MINUTES MSUC (Adams-Guyer) Minutes of December 21, 1964 be approved, as mailed. REZONING - PUBLIC HEARING: South of I'F" Street between Guava Avenue and the Chula Vista Shopping Center - M-1 & C-2 to C-1. This is a City-initiated action. Director of Planning Warren reviewed the matter whereby the Commission first held a public hearing on the entire area (the south side of "F" Street from a point 310 feet west of Fourth Avenue extending to Garrett Avenue, and the area bounded by Fourth, Third, Center and Madrona Streets) on November 2, 1964 and recommended R-3 zoning for the two parcels under discussion tonight. The City Council, after hearing objections and evaluating the proposal, sent this back to the Commission for reconsideration of C-1 zoning for these two parcels. Director Warren discussed the proposed setbacks, recommending 15 feet for the front setbacks because of the relationship to the Civic Center. Chairman Stevenson asked what the General Plan recommended for this area. Director Warren stated the Plan proposed high-density residential use and expansion of the Civic Center complex. This being the time and place as advertised, the public hearing was opened. Mr. Robert Miles, 403 Jacaranda Drive, stated he owns the triangular-shaped parcel under discussion (southeast corner of "F" and Fourth Avenue). He purchased this as an M-1 zoned piece of property and objects to having it rezoned C-1. He felt he was being penalized from the proper use of the property. He had no objections to C-~ zoning but asked that the Commission leave it up to the developer as to what uses go in there. He also asked that the Shopping Center remain as C-2 and noted the billiard parlor in the Center which is a non-conforming use. Chairman Stevenson stated that the Shopping Center was not under consideration by the Commission and that the hearing was advertised to consider C-1. Mr. C. A. Carlyle, E1Cajon, owner of the Body and Paint Shop on the corner of Madrona Street, said he purchased this property approximately 60 days ago and asked what was proposed for his property. Director Warren explained the previous action by the Commission and Council on this property. There being no further comment, either for or against, the hearing was declared closed. Member Comstock questioned the change from C-2 to C-1 for the Shopping Center. Director Warren explained the uses of the heavy-commercial (C-2) zone and what could go into the Center under this zoning. He remarked that the Civic Center is established and expanding in this area and the Third Avenue Business District is strictly retail and may, eventually, someday go to professional uses. Zoning this Center light-commercial (C-l) would be the first step ~ promoting the goals of the General Plan. Member Comstock stated it was difficult to rezone property where there are established uses. He felt the Commission should give some consideration to the point where it creates a hardship for the Center; he felt the Center should remain C-2. Director Warren reminded the Commission that the rezoning for the Center has already been approved, both by Commission and Council, and the only parcels under discussion tonight were the triangular-shaped property and that across the street on Fourth and "F". He suggested the Commission impose the "D" zone on this property (across from the Post Office) since it is next to the Civic Center, and it would give the Commission control over what goes in there. Member Comstock commented that the Civic Center Complex would someday be extended across Fourth Avenue where the old "F" Street school site once stood. He couldn't see imposing the "D" zone on this property south of "F" Street unless all property around the Civic Center would be so zoned; it would be an undue hardship on these property owners. Vice-Chairman Stewart disagreed, declaring the Commission should impose this "D" zone as the opportunity occurs; it would not be a hardship. He added that en- couraging C-2 in the area would be contrary to the General Plan; they should recommend C-l. Member Adams agreed, commenting that this was an effort to upgrade the area and to relate it a little better to the Third Avenue commercial district. He still maintained that the area across from the Post Office should remain R-3, but in view of the fact that the Council asked for consideration of C-1 zoning, he would go along with that. Member Willhite declared that if the Commission still feels strongly against rezoning this parcel to anything other than their first recommendation, R-3, they should state this and not change their minds because the Council had asked for reconsideration of another zoning for this corner. The Council asked for considera- tion of C-1 and the Commission complied. Chairman Stevenson agreed, indicating that he would rather the Council override the decision of the Commission, but it be one on which they all agree. MS (Adams-Guyer) Rezonlng on west side of Fourth Avenue to Guava Avenue and the triangular-shaped portion on the east side be recommended to the City Council for C-1 zoning with the "D" zone imposed on that area west of Fourth Avenue and "F" Street. Also, that a 15 foot front setback be established for the property fronting on "F", Fourth Avenue, and Center Street. Findings be as follows: 1. This is good zoning practice because it will make the zoning of this property more harmonious with the surrounding area. The motion failed to carry by the following vote, to-wit: -2- AYES: Members Adams, Guyer and Stewart NOES: Member Comstock (because of the "D" zone stipulation) Member Stevenson (based on the C-1 for the west side of Fourth Avenue; the General Plan calls for R-3 and he is in complete agreement) Member Willhite (will stand on their previous recommendation to the . Council--that this portion on west side of Fourth Avenue be rezoned R-3) ABSENT: Member Johnson Member Comstock suggested making the same motion but dropping the "D" zone control since he based his "no" vote on this stipulation. Member Adams commented he would like to be idealistic about this situation and keep it R-3, but at the same time, they must be practical. Member Willhlte felt the triangular-shaped property should go C-l; however, he maintained they should keep the other property as R-3; this was their original recommendation, and they should not change their reasoning because the Council felt differently. Director Warren remarked that the "D" zone does not restrict the use proposed, but would afford the Commission an opportunity to guide the development. For instance, there may be nothing wrong with a restaurant going in in front of the miniature golf course, but a brightly-lit or"gaudy drive-in" might be objectionable. Director Warren reminded the Commission that they have reserved control over the architecture of the Employment Office going in on Fourth Avenue, and questioned the reason for not imposing this "D'~ zone on property adjacent to this. He felt that someday the '~D" zone should be imposed on the whole area around the Civic Center. Member Comstock remarked that the Director should make a recommendation to this effect and not just stipulate that the control should be placed on one parcel in the area. MS (Adams-Comstock) Rezonlng on Fourth Avenue, west side to Guava Avenue, and on the east side, the triangular-shaped parcel, be recommended to City Council for C-1 (light commercial) zoning. The motion failed to carry by the following vote, to-wit: AYES: Members Adams, Comstock, Stewart NOES: Members Stevenson, Willhite, Guyer ABSENT: Member Johnson Mr. Robert Miles protested the 15 foot setback on the C-1 zone. He claimed this property was worth $96,000. and taking 220 feet, 15 feet deep, on each side for a setback was unjust. The warehouse on the property now enjoys a 5 foot setback. The property upon which the M.O.D. shed stands will be developed with a $3,000,000. project and because of this, they will not be putting anything into the triangle- shaped property that would in any way jeopardize their development to the south. Director Warren explained the need for the 15 foot setback - its relation to the Civic Center; the residential use to the west and south; professional use to the west - all w~ll be observing at least a 15 foot setback; the Civic Center observes a greater setback, which is one of their amenities. Director Warren added that in commercial zones, front setbacks could be used for parking. =3- Mrs. H. Green, co-owner of the miniature golf course on Fourth Avenue, noted the adjacent uses to her property claiming her property should go commercial; it cannot be zoned R-3. The Commission discussed her property and any expansion she would contemplate. Chairman Stevenson maintained this corner, in his opinion, should be R-3 allowing office use, because it "is a special corner." City Attorney Lindberg stated the City Council was interested in the thoughts of the Commission--the matter was not one of haste; the Council can act on this matter within a reasonable period of time. They wanted the Commission to have another public hearing on consideration of the C-1 zoning for this area; this would give them some leverage to work on. Primarily, the Council was verymuch impressed with the fact that the owners of the Center appeared before them and related their plans for future ex- pansion of the Center. Director Warren added that the Council felt the C-1 zoning would be a compromise. RESOLUTION NO. 342 Resolution of the City Planning Commission Recommending MSC (Stewart-Adams) to the City Council Change of Zone and Setbacks for that Area Along the South Side of "F" Street between Guava Avenue and the Chula Vista Shopping Center. Findings be as follows: 1. The triangular-shaped parcel on the southeast corner of Fourth and "F" Street be rezoned to C-1 and the area to the west bounded by Guava Avenue be as previously recommended, R-3 zoning. 2. Setbacks on Center Street be established at 5 feet and 15 feet on Fourth Avenue. The motion carried by the following vote, to-wit: AYES: Members Stewart, Adams, Stevenson, Willhite, Guyer NOES: Member Comstock ABSENT: Member Johnson VARIANCES PUBLIC HEARING: San Diego Trust & Savings - 915 Broadway - Reduction of Rear Yard from 15 feet to Zero The application was read ~n which a request was made for a reduction in rear yard setback from 15 feet to zero for property located at 915 Broadway, for the purpose of constructing an addition to the present service building on a 15 foot by 174 foot parcel to the rear (east) property line. Director of Planning Warren submitted a plot plan of the area noting the location, adjacent zoning and land use. Ryan Oldsmobile owned and operated out of this building previously; the new owners will continue the same use - car sales - but wish to add to their building for additional room to repair cars and trucks. Th~s being the tlme a~d place as advertised, the public hearing was opened. Th~ebeing no comment, either for or against, the hearing was declared closed. Mr. Stanley Lassman, 711 Broadway, Lassman Motors, stated he is the one that is buying the property. He plans to construct a garage on this addition which will be a continuation of their service facilities; the parcel south of this will be a garage also. The present building is 14 feet high; the new construction will be 17 feet high to eccommodate trucks. -4- Chairman Stevenson asked if this would in any way conflict with the plans of the adjoining property owner. Director Warren explained that in a commercial zone, there is no sideyard requirement, and the other property owner can build up to this rear line. Chairman Stevenson noted there were no objections from any adjacent property owners and that everyone within 300 feet of the proposed request was notified. MSUC (Comstock-Willhite) Variance be approved. Findings be as follows: 1. That there are exceptional circumstances applicable to the property involved or the intended use thereof that do not apply generally to property or class of uses in the same zone. The property adjacent to the east is zoned C-1 and enjoys a zero sideyard setback. There is a small portion of property to the east zoned C-2; this is developed with open permanent parking. 2. That such variance is necessary for the preservation of the substantial property right of the applicant. Unless the applicant is granted a variance, he is deprived of the opportunity to develop his property to its fullest extent. A 15 foot "dead" space would exist behind the building. 3. That granting this 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, since the adjacent property has a zero sideyard setback. PUBLIC HEARING: Frank Whittington - Rear of Property at 246 "K" Street - R-3 Use in R-1 Zone The application was read in which permission was asked to construct single-story multiple units on the rear of 246 "K" Street. Director of Planning submitted a plot plan reviewing the variance granted the applicant by the Commission on October 19, 1964. The applicant has since acquired additional property in the area and has revised his plans. Word was received today that the applicant has now purchased an additional lot to the east and must again revise his plans. Since this was advertised as a public hearing for tonight's meeting, it is on the agenda; however, it must now be advertised again, including the new lot. This being the time and place as advertised, the public hearing was opened. Member Adams suggested the applicant withdraw his application and make out a new application, including the new lot, than the Commission can consider this at the next meeting. Member Willhite agreed, stating that time would be wasted reviewing one plan tonight when a revised plan will have to be brought in at the next meeting. Mr~ Frank Whittington, the applicant, explained he purchased this additional lot only recently. He will now revise his plans to put in more room between the apartments. Chairman Stevenson mentioned that the Commission promised to notify the people when the final plans for this project would be brought in. -5- Member Adams asked the applicant what he proposed to do with the lot he left out on the west side of the property. Mr. Whittington said he did this to make two separate developments out of the property; he will probably be putting in two-story Town Houses on this parcel. This will come up at a later date. There being no further comment, either for or against, the hearing was declared closed. MSUC (Comstock-Willhlte) Public hearing be continued until the next meeting, January 18, 1965, so the request can be readvertised and property owners notified. SUBDIVISION Revised Tentative Map of Virginia Terrace Subdivision Director of Planning Warren submitted the map explaining that this was the third time it had been submitted. He then noted the location of the subdivision and stated the developer is proposing two cul-de-sacs and an extension of Melrose Avenue. There is nothing much to discuss in the way of design, Mr. Warren con- tinued. The subdivision will have 20 single-family lots. Director Warren then submitted the staff's recommendations. Mr. William Harshman, Principal Engineer, reviewed the recommendations of the Engineering Department. Since one of the Engineering recommendations duplicated one of Planning, Chairman Stevenson suggested the Planning recommendation be dropped. Member Comstock discussed the setbacks involved. Since the ordinance spells out a 20 foot setback is required for straight-in drives, he felt this was the minimum that should be approved on the map. Mr. Kelley, from Associated Engineers, stated his firm was engineering the project. He objected to the recommendation that they provide dedication for an additional 8 feet of paving on Melrose Avenue. He stated he has no assurance they can get that. They can, however, get slope easements and grading, but dedication would be a problem. Member Comstock asked that dedication be sought, even if the developer has to come back to the Commission in the future. Director Warren commented that F.H.A. requires 28 feet of paving; the developer can either get this from additional property or he can realign the street. Member Comstock discussing the setbacks again, indicated that the Commission should stipulate at least a 20 foot setback on all tots, since they have no idea how the homes will be designed. The 10 and 15 foot setbacks suggested on the map were not adequate. Director Warren explained the reason for the setbacks stating the ordinance stipu- lates a 20 foot setback for a straight-in garage; this is between the back of the sidewalk and the garage door. The reason for the 10 and 15 foot setbacks is because of the shallow lots. In any case, regardless of recorded setbacks, when a straight- in drive is used, the setback must be 20 feet. Member Comstock maintained that 20 feet was inadequate even in this case; the cars are still overhanging the sidewalk. Chairman Stevenson suggested the ordinance be changed, if the Commission agrees with Member Comstock. MSUC (Guyer - Stewart) Revised tentative map be approved subject to the following recommendations: 1. All slopes shall be planted and graded in accordance with specifications on file in the City Planning Department. A bond sufficient to cover the cost of same shall be deposited with the City. Subject grading and planting shall be completed prior to final inspection of the dwellings within the subdivision by the Building In- spector. The slope plantings on any unsold lots shall be maintained by the sub- divider in whatever way is necessary to ~nsure proper growth, until all lots are sold. 2. Myra Place shall be named Myra Court; Tara Court shall be Maria Court. 3. All front setbacks shall be 15 feet excepting the frontage along Naples Street on Lots 8, 9, 16 and 17, which shall be 10 feet. 4. That one foot lots be provided along the side and south end of Melrose Avenue. 5. The subdivider shall submit permanent slope right easements in all cases where it is necessary to construct slopes adjacent to street rights-of-way where such slope will be constructed upon property not within the subdivlsion. 6. Provide permanent storm drain and drainage easements adjacent to the easterly boundary where storm waters are being diverted. Such easements shall be improved to standards approved by the City Engineer. 7. All permanent easements to be obtained from adjacent properties for storm drain, drainage and/or slope rights must be submitted prior to Council approval of the f~i~i~l map. In addition, the subdivider shall submit evidence of having obtained all necessary temporary construction easements to his own benefit prior to issuance of any building permits. 8. Show utility easements at the rear of all lots. Otherwise, provide letters from all utilities to the effect that such easements are not necessary for their separate uses. 9. Water distribution system shall be included upon all improvement plans. Approval of such system by the appropriate supplier of water shall be affixed upon the plans prior to approval of the plans by the City Engineer. 10. Grades on Melrose will be adjusted to provide 35 M.P.H. sight distance, or as required by the City Engineer. Center line radii of Melrose Avenue shall be 500 feet minimum. 11. Provide temporary cul-de-sac on South end of Melrose Avenue. Minimum curb radius 60 feet. 12. Provide street dedication for additional 8 feet of paving on Melrose Avenue. 13. Easement widths subject to revision following determination of drainage structure size. 14. Provide header or one-foot excess width of A.C. paving along easterly edge of pavement on Melrose Avenue. -7- 15. Contour lines shown along the easterly boundary are incorrect. Submit corrected contours of this area including detailed (2') contours of the area on adjacent property where diversion of storm waters is proposed. 16. Curvilinear alignment of sewers shall be utilized so as to maintain sewers on centerline. 17. Curb and sidewalk shall be monolithically placed. MISCELLANEOUS Request to Allow Dental Office in Shopping Center at Hilltop & Naples Director of Planning Warren reviewed the request at the last meeting whereby the applicant asked permission to put in a Slot-Racing Car and Hobby Shop in the Shopping Center. Since that time, they have dropped that request and are now asking that permission be granted to construct a dental office on the east side of the building. The new building will be 14 feet wide which will leave a more than adequate=~l~.setback. Chairman Stevenson remarked that he was pleased about this request and wished more professional people would go into these shopping centers rather than convert a home; for their business. Member Adams, referring to the original variance, stated that many of the conditions were not complied with; trees and landscaping have not been kept up, trash has not been put into containers, and parking spaces have not been marked. He suggested not granting this request until the developer complied with all these conditions. The conditions were imposed so as to reduce the detrimental impact on the adjacent residences. Mr. Adams added that the Commission is obligated to the residents to see that these conditions are ~mplied with. Member Comstock questioned whether the Commission could legally do this. City Attorney Lindberg stated it should be up to the enforcing officials of the City to see that the conditions are met. The merits of the proposed use should be in- dependently judged. Member Willhite remarked that where conditions are set by the Commission and they find non-conformances, they should very definitely be prejudiced as to future actions. Vice-Chairman Stewart commented that the property has changed hands, and the original variance was imposed on another developer. Mr. Bruggeman, representing Mr. Jay Pugh, one of the owners, commented on the conditions. He felt they had all been met. A man was hired to landscape and maintain shrubbery, and they do pay a trash concern to pick up this trash. Director of Planning Warren noted on the plot plan several points where trees have been planted and have since died, for leck of maintenance. Chairman Stevenson felt the staff and Police Department could work out the compliance of these conditions. Mr. Bruggeman stated that the Percy-Goodwin Company handles the property for them and it is to their advantage to have the property maintained. Vice-Chairman Stewart suggested a letter be written to the Percy-Goodwin Company -8- explaining this situation and see that these conditions are complied with. Director Warren stated he will do this and perhaps visit with them on the site. MSUC (Stewart-Adams) Approval of dental office subject to all conditions of the original variance plus the following: 1. Parking spaces be delineated. · ~ Request to Allow Welding Mach~e~Truck Terminal at 621 "L" Street A letter was read from Imperial Truck Lines, Inc., requesting permission to install a welding machine at their terminal at 621 "L" Street for making minor repairs to their own trucks. Mr. John Wanders, representing the Company, stated this would require 120 amps. instead of 70 amps. which they now have. Director of Planning Warren stated that because of its relation to adjacent property and the fact that this is a variance, the staff contacted the F.C.C. to find out about possible interference with radio and television in the area. If they are certified with the F.C.C., then there will be no problem. Mr. Wanders indicated that all work will be done on evenings and Saturdays, and the machine is located inside the building. MSUC (Guyer - Stewart) Request to install welding machine be approved subject to the following: 1. The installation of this machine will be subject to the restrictions set up by the F.C.C. to prevent interference. 2. Any flash from the machine must be shielded from any public street. Request by Grace Baptist Temple for Outdoor Revival - 345 Fifth Avenue Director of Planning Warren read a letter from the Minister of the Grace Baptist Temple requesting permission to hold an outdoor revival on the premises, sometime in August. He stated there would be approximately 700 people in attendance and a piano and public address system will be place outdoors. This was first sent to Administration and then referred to the Planning Commission. The church use was granted by a conditional use permit. Director Warren added that the Police Department declared there would be a parking problem. The main objections to churches in residential areas have been the evening hours and outside activities. Vice-Chairman Stewart declared the Commission had no right to impose this on a residential area. There was plenty of vacant appropriate land available in the City for this type of thing. Member Guyer commented that the parking problem alone would be tremendous. MSUC (Adams-Guyer) Request to hold outdoor revival at 345 Fifth Avenue be denied, because the area ~s surrounded by residences, and there would be a parking and noise problem. '9- Architectural Approval of Entrance Si~n -- Bonita Valley Country Club Member Willhite and Chairman Stevenson abstained. Director of Planning Warren explained the sign is erected at the entrance to the Club. It ~s 8'6" by 4~6" which is well within the 50 square feet allowed in the "D" zone. They are requesting permission to maintain this sign, which requires the approval of the Commission. The Commission discussed the other signs in the Bonita V~llage area. Vice-Chairman Stewart claimed the bank in the Village was required to take down one sign since they already had a sign on the side of their building. They are close to the road, whereas the Country Club is far removed from the main road; he can see the need for this sign and they are within the limits of the ordinance. Member Comstock disputed this, cla~mlng the Country Club was well-known and well- advertised in all sporting sections of every newspaper stating it was open to the public. He could see no reason for the sign. Mr. Ross Willhite, Vice-President of the Country Club, described the construction of the sign. Member Adams remarked that the Club was entitled to have a sign, even though this one was not architecturally compatible. Chairman Stevenson suggested putting a time limit on the sign. Director Warren agreed, indicating that perhaps although not practical at present, they should erect a permanent sign in the future. Member Adams suggested a limit of one year. MS~C (Adams-Guyer) Entrance sign for the Bonita Valley Country Club be approved for a period of one year. Member Comstock voted "no". ORAL COMMUNICATIONS Mrs. Madalon Bagnell, 819 Fourth Avenue, asked for Commission opinion of whether or not her apartment building could be used for a nursing or old-age home. Director Warren explained to the Commission that she came in to see him last week, discussing her plans. He felt he could not give her an answer to this request, and suggested she appear tonight and discuss it with the Commission. He added she has a~variance for an R-3 use here. Mrs. Bagnell stated she talked to a Mr. Sprague of the Welfare Department and he indicated she had to have rezoning to R-3. She added that her property backs up to C-2 property. Chairman Stevenson explained to Mrs. Bagnell that whe wo~ld have to make out an application for a rezoning and have a public hearing. City Attorney Lindberg agreed, stating the applicant must recognize that neither the Planning Commission nor the Council can grant a variance, conditional use permit or zone change without first advertising the request, notifying the property owners and holding a public hearing. Director Warren indicated it is possible that she may be able to apply for this on another variance. Mrs. Bagnell stated she has to have it rezoned R-3; in case she ever wants to sell ~t, she can sell it as it is. ADJOURNMENT MSUC (Comstock-Wiilhlte) Meeting adjourn to January 18, 1965. Respectfully submitted, /'"~J~nnie M. Fulasz, Secretary