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HomeMy WebLinkAboutPlanning Comm min 1971/09/08 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA September 8, 1971 The regular meeting of the City Planning Commission of Chula Vista, California was held on the above date beginning at 7:00 p.m. with the following members present: Stewart, Rice, Adams, Chandler, Macevicz and Rudolph. Absent (with previous notification): Member Hillson. Also present: Director of Planning Warren, Senior Planner Williams, Associate Planner Lee, Assistant Director of Public Works Robens, and City Attorney Lindberg. APPROVAL OF MINUTES MSUC (Chandler-Rice) Approval of the minutes of the meeting of August 30, 1971, as mailed. PUBLIC HEARING (Cont.): PLANNED UNIT DEVELOPMENT - Zenith II - American Housing Guild Director of Planning Warren advised that a request was submitted by American Housing Guild that this hearing be continued to the meeting of September 20 to allow them sufficient time to complete redesign of the proposed development. MSUC (Rice-Macevicz) The public hearing concerning Planned Unit Development for Zenith II be continued to the meeting of September 20, 1971. PUBLIC HEARING (Cont.): a. REZONING - East side of Otay Lakes Road, north of Bonita Vista Jr. High School, R-E to R-1-10 - Dacon Development Co. b. PLANNED UNIT DEVELOPMENT - Bonita View Terrace c. SUBDIVISION - Tentative Map of Bonita View Terrace Associate Planner Lee commented that this hearing was continued from the meeting of August 16 in order for the Division of Engineering to complete a study of the best access to this and adjacent properties. Mr. Lee pointed out the location of the property, approximately 10 acres, located on the east side of Otay Lakes Road. The property is presently zoned R-3 and the applicant is requesting R-l-lO zoning. The surrounding area includes R-l-lO and P-C Planned Community zoning with density ranging up to 15 dwelling units to the acre. The density requested is above that designated in the General Plan but the staff feels that the development concept proposed is adequate for the 50% deviation from the density shown on the General Plan. The staff, however, recommends the attachment of the "P" Modifying District so the zoning is effective only upon approval of a precise plan for development. Mr. Lee reviewed the proposed development plan which minimizes grading by utilizing retaining walls to accommodate split level and multi-level dwelling units that step down from a private loop drive that follows the topography -2- 9/8/71 around a central high area. The central area, comprising one acre, would provide an active recreational area; the remaining open space to the north and east of the dwelling units is a fairly steep natural slope. Since this development plan provides for substantial retention of a natural topography, the staff recommends approval of 48 dwelling units which is a 6 unit bonus over that allowed under the proposed zoning. Mr. Lee enumerated the conditions recommended by the staff for approval of the Planned Unit Development and advised that since the Tentative Map is for a one lot condominium project, the staff has no conditions other than those required by the Engineering Division. This being the time and place as advertised, the public hearing was opened. William Rick of Rick Engineering Company, representing the applicant, dis- cussed the reasons behind the central recreation area, and the interior drive and location of garages which he felt provided more convenience to the residents, better view and better appearance of the development. Mr. Rick expressed acceptance of the conditions recommended by the staff and the Engineering Division. In answer to a question by Member Macevicz, Mr. Rick confirmed that they do not as yet have an agreement with the City School District as they have not determined what their requirements of this development would be. He assured the Commission they would have an agreement with the school districts before the project is built. Noel Smith, resident of Country Club Estates (formerly Bonita Bel Aire), protested higher density development and expressed his feeling that this area is contingent to the Sweetwater Valley. Mr. Quartararo, 4316 Acacia Avenue, also protested the higher density zoning and the proposed development which he felt would ruin the general view of that area. Director of Planning Warren commented that while the City Council has adopted a policy to preserve the character and density established in the Sweetwater Valley, he felt that somewhere the "Valley" has to end. He pointed out that the proposed plan does an excellent job of preserving the topography and the staff considered that in recommending approval. Noel Smith agreed that as far as the physical appearance of the development and use of topography are concerned, it is well done, but he felt the density of 48 units on 10 acres is too high. As no one else wished to speak, for or against, the public hearing was closed. Member Rudolph expressed opposition to the roadway and the garages around the recreation area, and also to the fact that some of the units would be three -3- 9/8/71 stories high. She asked what limiting the buildings to two stories would do to the density. Director of Planning Warren pointed out this would either result in smaller units or coverage of more ground area; this would require redesign of the project. Mr. Warren discussed the interior vs. exterior drives, stating that if this were a public street the proposed design would be out of the question, but this drive is proposed for use by the residents only. He pointed out the tendency of children to play in the street rather than in an enclosed back yard, and since this drive would be used only for access to the garages of the residents it would lend itself to such use. Member Macevicz spoke against the split level or three story floor plans. Member Rice also felt that three story structures would be too high on top of the hill. Member Adams expressed satisfaction with the proposed development which represents clustered dwellings, retaining more open space and preserving the topography. MSUC (Adams-Chandler) Recommend to the City Council approval of a change RESOLUTION PCZ-71-O of zone from R-E to R-I-IO-P for l0 acres on the .. east side of Otay Lakes Road, north of Bonita Vista Junior High. Findings of fact are as follows: a. Rezoning the property to R-I-IO-P will insure that development of the property will be in the best public interest by providing proper control over the development by the City. b. The subject property will be developed in a manner that will comply with the intent of the General Plan to reduce the impact of development on the natural topography of the site. Because of the size of this development, any impact on other elements of the General Plan will be insignificant. It was moved by Member Rice, seconded by Member Macevicz, that the Planned Unit Development application for Bonita View Terrace be not approved based on the finding that the number of three story units proposed is not compatible with the area. The motion failed to carry by the following vote: AYES: Members Rice, Macevicz and Rudolph NOES: Members Chandler, Stewart and Adams ABSENT: Member Hillson -4- 9/8/71 It was moved by Member Adams, seconded by Chairman Stewart, that the applica- tion for Planned Unit Development for Bonita View Terrace be approved subject to the conditions enumerated by the staff and based on the findings presented by the staff. The motion failed to carry by the following vote: AYES: Members Adams, Stewart and Chandler NOES: Members Rice, Macevicz and Rudolph ABSENT: Member Hillson City Attorney Lindberg advised that the matter could be transmitted to the City Council without recommendation for their consideration. He questioned whether the tentative map should be considered without an approved plan for development. Chairman Stewart asked the applicant if he would desire a continuance of the public hearing for the Planned Unit Development and consideration of the tenta- tive map in order to revise the plans, rather than having it referred to the City Council without a recommendation for approval by the Commission. William Rick was agreeable to continuing the hearing until the meeting of October 4. MSUC (Rice-Chandler) The public hearing on the Planned Unit Development application for Bonita View Terrace be reopened and continued to the meeting of October 4, 1971, and that consideration of the tentative subdivision map be set for the same date. City Attorney Lindberg recommended that the Commission notify Mr. Hillson if he is going to be present at the next meeting that he should review the testimony and discussion held tonight so that he can participate fully and there would be no question as to his competency in rendering a decision. PUBLIC HEARING: REZONING - East side of Landis from Davidson to a point 15~ fee~ north of F Street - C-O to C-O-P Glenn's Market Associate Planner Lee indicated the location of one lot located at 263 Landis for which a request was filed by Glenn's Market; the staff included for con- sideration the balance of the property on the east side of Landis from Davidson south to a point 150 feet north of F Street. He pointed out that if the "P" Modifying District is approved it will require that precise plans be submitted and approved before redevelopment takes place on each parcel. Glenn's Market has submitted a specific plan for development of their lot. Mr. Lee referred to an exhibit of the plan for developing this property under two phases. Phase 1 would provide for the construction of a structure which would be a combination of an office building, refrigerated storage and meat cutting, located on the easterly 54 feet of the property with direct access to the alley which separates this lot from Glenn's Market on Third Avenue. The existing residence facing Landis would remain for approximately 2~years, at which time it would be removed and a two-story office structure would be built on the remaining 71 feet of depth of this lot facing Landis Avenue. Mr. Lee discussed the surrounding land use which consists of single family residences and two public parking lots on Landis Avenue to serve the retail establishments on Third Avenue. Mr. Lee observed that while this property is zoned for office use, because of the limited depth of retail commercial zoning on Third Avenue it is not unreasonable to think that certain limited expansion could take place across the alley. It is the staff's opinion that the proposed expansion of an existing facility would not be detrimental to the area. Director of Planning Warren reported that a letter was received from the Downtown Association in support of this request. He pointed out the desira- bility of not driving any business off of Third Avenue, particularly one as stable as this. He stated this should not be construed to be a use variance that would encourage anyone to seek a new use on one of these lots that was not related to a use fronting on Third Avenue. The City Attorney has advised that this is permitted only because it is an expansion of a use fronting on Third Avenue, and this is an incidental use to the established business on Third Avenue. City Attorney Lindberg voiced his opposition to a use variance which has now been eliminated as a means of changing uses permitted within a zone. How- ever, here there are two abutting commercial zones, one more restrictive than the other and the C-O zone can be applied for both office use and for exten- sion of existing uses in the heavier commercial zone and with the attachment of the precise plan requirement it makes it possible to insure compatibility with other commercial uses permitted in this zone. This being the time and place as advertised, the public hearing was opened. Stanley Glenn, one of the owners of Glenn's Market, in answer to a question concerning the effect of this expansion on traffic in the alley, asserted that it should improve traffic circulation, since they are providing suf- ficient space for loading and unloading which will take the trucks off of the alley. He confirmed that if they cannot expand their facilities they will be forced to close the business due to new state regulations. As no one else wished to speak, for or against, the public hearing was closed. MSUC (Macevicz-Rice) Recommend to the City Council the approval of RESOLUTION NO. PCZ-71-R change of zone from C-O to C-O-P for property on the east side of Landis between Davidson and a point 150 feet north of F Street. -6- 9/8/71 Findings of fact are as follows: a. The attachment of the "P" Modifying District will not only insure orderly development of the property but will add flexibility to the accessory uses which are directly related to retail establishments on Third Avenue. b. The present commercial depth on Third Avenue for commercial use is insuf- ficient without relating to the properties fronting on Landis Avenue. This is evident by the two public parking lots which have been created in this area for the businesses on Third Avenue. PUBLIC HEARING (Cont.): AMENDMENT to Zonin~ Ordinance relative to keepin~ horses and establishin~ "E" Equ~trian Modif~ih~ District Senior Planner Williams reminded the Commission these changes were discussed at the meeting of August 23, 1971, and the staff has drawn up the ordinance listing the various sections to be amended. Basically, the change is a reduction in the lot size required for the keeping of a horse in the residential zone from one acre to 20,000 square feet and providing in the "E" Equestrian Modifying District further relaxed restrictions for the keeping of horses. The Equestrian District could be formed through petition by 90% of the property owners involved, and the Commission would set the basic conditions under which the district would operate. Mr. Williams reported that questions have been raised concerning the keeping of animals by children in 4-H projects. In checking the animal regulations ordinance it was found that one cow or two sheep may be kept on a lot having a minimum of 15,000 square feet but the keeping of swine and goats is specific- ally prohibited. A question was also raised concerning the matter of horses presently kept on lots which would be nonconforming if the property were annexed to the City. It was pointed out these could remain as a nonconforming use until the property was sold or the land use changed; however, they would be required to observe the established setbacks from adjacent residents. Member Rudolph asked the means of enforcing these setbacks or determining that a violation exists. City Attorney Lindberg affirmed that violations would be brought to light by the complaint of neighbors, and it is possible to enforce the regulations. This being the time and place as advertised, the public hearing was opened. Mrs. William Stefan, 3805 Palm Drive, Bonita, reported there are approximately 80 children in 4-H clubs in the Valley, and the County regulations permit the keeping of animals as long as it is in an appropriate project. She felt this is a very worthwhile activity for children and if the Valley is annexed to the City there should be an amendment to the ordinance to permit children to con- tinue this type of project. Mike Quartararo, 4316 Acacia Avenue, Bonita, expressed support for the Eques- trian Modifying District but felt that the requirement for 90% of the owners to petition to form a district was too high; he suggested requiring only 51%, -7- 9/8/71 but concurred that a majority of 66% would be preferable to 90%. He also took exception to the provision under Section 33.601, subsection A, paragraph 5, that the maximum limit on the number of horses permitted on each lot may be established by the Planning Commission or City Council. He felt that instead of having the Con~ission or Council get involved in this type of regulation that a subcommittee of interested citizens or horse owners be formed to assist on this. Lillian Moody, 4208 Acacia Avenue, Bonita, further elaborated on the 4-H projects in the Valley and the need for a means of continuing this in the event of annexation. Gladys Vance, 4455 Vista Nacion, Bonita, spoke of the vast number of horses presently maintained in the Valley and urged that they be allowed to remain until there are complaints regarding their retention. City Attorney Lindberg assured that in the absence of complaints the existing horses would be allowed to remain. He also reminded that the proposed ordinance was drafted with the assistance of people of the Valley who are familiar with the conditions and it is intended to provide a means of keeping horses that would be compatible in a residential zone. Mrs. Vance asked it if would be unreasonable to recommend that it be put in writing that existing horses, in the absence of complaints, could remain as they are now corralled. The City Attorney affirmed that it would not be unreasonable and if this ordinance is approved and sent to the Council his office would be happy to give a written opinion to the Council on that matter. As no one else wished to speak, the Chairman declared the public hearing closed. Director of Planning Warren suggested that if the Commission wishes to make any changes in the recommended ordinance, such decision should be made at this meeting, so the ordinance can be forwarded to the Council. Member Chandler asked for the staff's recommendation concerning the changes suggested by Mr. Quartararo; namely, requiring 66% of the owners to petition for the formation of an equestrian district rather than 90%, and also the question of who would establish the limit on the number of horses permitted on each lot. Director of Planning Warren indicated that the requirement for a majority of 2/3 on a petition would be acceptable. Senior Planner Williams recommended that the Commission and Council reserve the right to set the limit on the number of horses but they may recommend that an Advisory Committee be formed to assist in that determination. Chairman Stewart requested that the staff bring in a supplemental amendment which would cover the keeping of animals under a 4-H Club project. -8- 9/8/71 MSUC (Chandler-Macevicz) Recommend to the City Council the adoption of RESOLUTION NO. PCZ-71-3 amendments to the Zoning Ordinance relative to keeping horses and establishing an "E" Equestrian Modifying District as proposed in the staff comments with the exception in Section 33.601 paragraph 5, the 90% requirement be changed to 66-2/3% with regard to a petition signed by property owners, and that a supplement be prepared by the staff with regard to keeping 4-H animals, and consideration be given to an advisory committee to assist the Planning Commission and City Council in establishing the maximum number of horses permitted on a lot. Request for extension of time on Conditional Use Permit for Community Hospital of Chula Vista The request for an extension of time indicated that preliminary plans have been submitted to the Bureau of Health Facilities and Planning and to the State Department of Public Health and that ground breaking is expected to take place in April-December of 1972. There has been no material change of conditions relating to the location and the staff reco~ends a 2-year extension of the conditional use permit. MSUC (Rice-Adams) A 2-year extension of time be granted on the conditional use permit for Community Hospital of Chula Vista. Request for extension of time on Conditional Use Permit for trailer and truck Rental at 35 Broadway - Harold Corbett The original request was approved on the assumption that it would be for one year only and the requirements were geared towards that period of time, waiving landscaping and requiring temporary paving. The staff recommends approval of an extension of time for one year subject to the condition that the rear unpaved portion of the lot be paved in accordance with the original request within 30 days and the stipulation that any further requests for extension of time will require the provision of permanent paving as well as landscaping and irrigation. MSUC (Macevicz-Chandler) Approval of the request for extension of time of one year on the conditional use permit for truck and trailer rental at 35 Broadway. Director's Report Director of Planning Warren reported on the status of the Development Plans for E1 Rancho del Rey, noting that a planner representing the owners of one out parcel had made a lengthy presentation at the Council meeting on the previous night and as a result the staff was again asked to bring back a recommendation to the Council on October 5. The Council also deferred action on the tentative maps for the first two subdivisions of this development. Mr. Warren advised that Chairman Stewart had been asked by the Charter Review Committee to make any recommendations the Commission may have. He reported -9- 9/8/71 their concern is over the special levies for library, planning, and parks and recreation, and whether or not these levies should be lumped together as one. The Commission discussed this but made no recommendation. Commission Comments Member Rice questioned the status of the Dale Horton development back of J Street and Hilltop High School concerning landscaping and maintenance. Director of Planning Warren advised that the Zoning Enforcement Officer has been in contact with the developer in this regard. Written Communications Director of Planning Warren reported the receipt of a request for an extension of time on a variance granted to Mrs. Bettye Peters for a proposed development at 282 Madrona Street. The variance will expire on September 17 and Mrs. Peters has requested an additional year's extension. Since there has been no change in the area, the staff has no objection to the extension. MSUC (Macevicz-Chandler) Approval of a one-year extension of time on a variance granted to Mrs. Bettye Peters for 282 Madrona Street. Adjournment MSUC (Rice-ChanGer) The meeting be adjourned to the workshop meeting of September 13 and to the meeting of September 20. The meeting adjourned at 9:15 p.m. Respectfully submitted, Helen Mapes, Secretary