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HomeMy WebLinkAboutPlanning Comm min 1971/08/16 MINUTES OF A REGULAR ADJOURNED MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA August 16, 1971 The regular adjourned 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: Rice, Stewart, Adams, Chandler, Rudolph and Macevicz. Absent (with previous notification): Member Hillson. Also present: Senior Planner Williams, Associate Planner Lee, Assistant Director of Public Works Robens and City Attorney Lindberg. APPROVAL OF MINUTES MSUC (Chandler-Macevicz) Approval of the minutes of the meeting of August 2, 1971, as mailed. PUBLIC HEARING: PREZONING - Drew's Orange Avenue Annexation, 1.34 acres - R-1-A to R-1 Senior Planner Williams reported that the lot at the southeast corner of Orange and Banner Avenues is in the process of being annexed to the City which neces- sitates establishing prezoning, and the balance of the property between Banner and Albany is included in the prezoning because of its relationship with the annexed property. Since all of the properties are improved with single family homes and the present County zoning is R-l-A, the staff recommends R-1 zoning. This being the time and place as advertised, the public hearing was opened. As no one wished to speak, for or against, the public hearing was declared closed. MSUC (Adams-Macevicz) Recommend to the City Council the prezoning of 1.34 RESOLUTION NO. PCZ-71-P acres located between Orange Avenue and Bethune Way and between Banner and Albany Avenues to R-1 Request for vacation of portion of H Street adjacent to Coronado Railroad - Rohr Corporation Senior Planner Williams pointed out the location of a 20' portion of H Street adjacent to the railroad right of way which provided access to Walnut Avenue, which is presently in the process of being vacated. Walnut Avenue north and south from H Street was used exclusively to serve parking facilities for Rohr and the vacation of the 20' portion of H Street will allow Rohr better security control over entry to their facilities. The staff recommends that the vacation be granted in accordance with the recommendation of the Director of Public Works subject to the reservation of easements for public sewers and utilities, which exist within the area to be vacated. MSUC (Macevica-Adams) Recommend to the City Council the approval of the vacation of a 20' portion of H Street adjacent to the San Diego and Arizona Eastern Rail- way, subject to reservation of easements for public sewers and utilities. Members Rice and Chandler abstained from voting on the motion. -2- 8/16/71 PUBLIC HEARING: a. REZONING - East side of Otas Lakes Road, north of Bonita Vista Jr. High, R-E to R-l-lO - Dacon Development Co. b. PLANNED UNIT DEVELOPMENT - Bonita View Terrace - Dacon Development Co. c. SUBDIVISION - Tentative Map of Bonita View Terrace Condo- minium - Dacon Development Co. Associate Planner Lee pointed out the location of the property proposed for this development which is a 10 acre site. Because of the existing SDG&E easement, the proximity of the high school and junior high school and the adjacent property proposed for development with a church, and due to the steep topography in the area, the staff asked the Division of Engineering to study the area to determine a feasible road pattern to serve this property and adjacent properties. The Engineering Division has indicated this study will be completed by August 20 and the staff asks that consideration of the three applications be delayed to the meeting of September 8. MSUC (Chandler-Rudolph) The public hearing for the rezoning and planned unit development and consideration of the subdivision map for Bonita View Terrace be continued to the meeting of September 8, 1971. PUBLIC HEARING: CHANGE OF SETBACK - 25' to 15', NWC First Avenue and Countrs Club Drive - Gladss A'Das Associate Planner Lee pointed out the location of the property and the surrounding uses which are primarily single family residential with a church adjacent on the north. He enumerated the various setbacks existing in the area which range from 30' to 20' on Country Club Drive and from 25' to 10' on First Avenue. He displayed a detailed plat of the lot indicating that if existing setbacks are observed it would not be possible to use 40% of the lot for a structure. He reminded the Commission that a variance for a reduction in the front yard setback along Country Club Drive was granted in 1958 but was not used and has since expired. This being the time and place as advertised, the public hearing was opened. Rose Manion of Rose Realty reported that the applicant, Gladys A'Day, has plans for a very attractive residence which cannot be located on the property without the reduction of setback adjacent to First Avenue. As no one else wished to speak, for or against, the public hearing was closed. MSUC (Chandler-Adams) Recommend to the City Council the reduction of setback RESOLUTION NO. PCZ-71-A from 25' to 15' adjacent to First Avenue for property at the northwest corner of First Avenue and Country Club Drive Findings are as follows: a. The present setbacks are in excess of the present Zoning Ordinance requirements and will not allow the permitted lot coverage of 40%. b. The reduction in setback would be in keeping with the goals and objectives of the General Plan. -3- 8/16/71 PUBLIC HEARING (Cont.): CONDITIONAL USE PER~4IT - 1459-63 Melrose - Establish bar/restaurant in C-N zone - K. A. Stephenson and C. J. Fitzgerald Senior Planner Williams reminded the Commission this hearing was continued from the meeting of August 2 after discussion concerning the operation of pool tables as an accessory use of the bar/restaurant facilities in order to get the City Attorney's opinion as to this use and the limitations which the Planning Commission may impose in approving a conditional use permit. City Attorney Lindberg reported that after extensive research it was not possible to clearly delineate the differences between a restaurant and bar operation which may have a pool table or shuffle board as part of the operation. He stated he could not stipulate that a pool table constitutes entertainment which would pre- clude it from the C-N zone and it is reasonable to permit such a use. He reported it is a commonly accepted practice for a beer hall to have a pool table or shuffle board. While the Commission would not wish to establish a gathering place for large numbers of people in an area zoned for neighborhood commercial establishments, the City Attorney felt this would not be the result of permitting pool tables as an accessory use incidental to a restaurant and bar. He reported there are few beer parlors in conjunction with restaurants which do not accept some form of rec- reational activity. Member Adams reminded the Commission that a similar request at another location had been denied. Member Rudolph expressed the opinion it was not the intent of the Commission and Council in establishing the C-N zone to permit this type of facility and the ordinance allows the sale of alcoholic beverage subject to a conditional use permit only if it is incidental to the sale of food. It is the intention that the C-N zone be very restrictive. Member Stewart concurred that it is the intent of the ordinance that a C-N shopping center be completely compatible with a residential neighborhood. Member Macevicz raised a question as to the safety of pedestrians getting to the restaurant from the 15 parking spaces to be provided across the street. He felt if sufficient parking is not available on the site the request should be denied. Chairman Rice declared the public hearing open. Kenneth A. Stephenson, 1430 Nolan Avenue, and Charles J. Fitzgerald, 1034 Monterey Court, commented that they do not wish to antagonize anybody or to degrade the shopping center, but wish to establish a restaurant/beer bar operation as an improvement to the community. They reported they will police the operation themselves and not permit it to be a gathering place for minors; they wish to establish a place where adults can have a nice meal, play pool, and watch sports on television. They reported the pool tables will not be in the eating area but entrance to the pool room will be through the restaurant entrance. As no one else wished to speak, the public hearing was closed. Associate Planner Lee commented that the staff contacted the Police Department and they reported there has been no problem from the operation of pool tables in conjunction with restaurants. -4- 8/16/71 The Commission further discussed the scope of the proposed establishment and the Chairman asked the City Attorney if it is within the realm of the Commis- sion's authority to prohibit the operation of pool tables as a condition of approving the conditional use permit for the sale of beer. The City Attorney confirmed that the Commission may stipulate any conditions which they feel are necessary and desirable in the granting of a conditional use permit. MSC (Adams-Stewart) Approval of a conditional use permit to operate a RESOLUTION NO. PCC-71-21 beer bar in conjunction with a restaurant at 1459-63 Melrose Avenue, subject to the following conditions: 1. 15 parking spaces shall be provided in addition to those existing on the site; such parking to be within 200 feet of the proposed business with accessible pedestrian access provided. The seating capacity shall be limited by the parking provided in accordance with the Zoning Ordinance. 2. The planting areas in front of the store shall be replanted in conformance with the Landscape Manual. 3. There shall be no pool tables or other games operated in conjunction with this restaurant facility. 4. Hours of operation shall be limited to 7:00 a.m. to ll:O0 p.m. daily. Findings are as follows: a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well- being of the neighborhood or the community. There is no facility such as this in the shopping center; one restaurant/ bar is needed to serve the southeastern portion of Chula Vista. b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The existing grade separation, and the application of the performance standards to this use will insure that there will be no detrimental effects from this use. c. That the proposed use will comply with the regulations and conditions speci- fied in the Code for such use. With the additional parking spaces provided, all regulations and conditions will be complied with. d. That the granting of this conditional use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any govern- mental agency. This use con forms to the General Plan. -5- 8/16/71 The motion carried by the following vote: AYES: Members Adams, Stewart, Rice and Chandler NOES: Members Macevicz and Rudolph ABSENT: Member Hillson PUBLIC HEARING: VARIANCE - 200 block East J Street - Reduction in required lot frontage, 60' to 55' - Steve Cropse~ Associate Planner Lee pointed out the location of the property which the applicant is seeking to divide into two parcels and advised that due to unresolved problems of topography the staff has asked that the hearing be continued to the meeting of August 23 to determine if proper access can be provided for both parcels. Member Macevicz suggested that this site be covered on a field trip prior to consideration of the application for variance. MSUC (Stewart-Chandler) The public hearing on the application for variance for reduction in required lot frontage in the 200 block of East J Street be continued to the meeting of August 23. Request for modification of architecture of Jerry Lewis Cinema - Robert Edwards Associate Planner Lee presented the brochure which depicts the architecture for the theater originally presented to the Planning Commission and which was approved in connection with a request for reduction of setback for location of the theater. The applicant now requests an alteration which would eliminate the facia and cornice area. Mr. Lee pointed out this structure will be 24 feet high and located just 10 feet from the sidewalk and the staff is concerned about the dominent feature the proposed elevation would present. He reported that just before the Commission meeting the architect had briefly discussed the possibility of utilizing a split block in a vertical fashion to cap the upper portion of the wall similar to the facia formerly proposed. Mr. Lee felt this may be an equitable alternative although details have not been presented for staff review. Robert Edwards, 7946 Ivanhoe, La Jolla, discussed the proposed modification with the Commission, pointing out their concern with the maintenance of the stucco facia at that height and felt that using split face block in lieu of the stucco would make it virtually maintenance free. Mr. Edwards affirmed this proposed change would still have the effect of a cornice as it would project out about 4" and create a shadow line. The Commission expressed concurrence with the proposal for using the split face block and requested that the staff and applicant resolve the details of the modified architecture. -6- 8/16/71 Request for modification of variance for First Congregational Church Elderly Housing Project~ 288 F Street Associate Planner Lee pointed out the location of the property extending from F Street to Center Street and exhibited a plat of the proposed development. He also presented the proposed changes to the floor plans which would result in the addition of a one-bedroom unit and 4 efficiency units on the first floor with the deletion of the library and much of the lounge area and the reduction of administrative and office space. Changing the position of the elevators and eliminating the lounge on each of the upper 15 stories would result in the addition of one efficiency unit on each floor. This would result in a total increase of 20 units but due to the nature of the project the staff felt this would not necessarily increase the amount of required parking. The staff feels this request does not alter the intent of the original proposal and recommends approval of the change as requested. The Commission expressed concurrence with the staff's recommendation. MSUC (Macevicz-Adams) Approval of the request for modification of the variance for the elderly housing project at 288 F Street. PUBLIC HEARING: AMENDMENT to Zoning Ordinance - Deleting provision for billboards in I Zone - Section 33.514 B Senior Planner Williams reported that the City Council has set for hearing on August 17, 1971 an ordinance banning billboards in the City of Chula Vista. Bill- boards are presently permitted only in the General Industrial Zone, and as part of the Council's intent to ban billboards it will be necessary to delete any provision in the Zoning Ordinance which permits billboards. The staff therefore recommends that Section 33.514 B paragraph 10 be amended to delete the provision for "Advertising signs or structures and billboards." This being the time and place as advertised, the public hearing was opened. As no one wished to speak, for or against, the public hearing was closed. MSUC (Adams-Macevicz) Recommend to the City Council the adoption of an RESOLUTION NO. PCZ-71-2 amendment to the Zoning Ordinance deleting the provision which permits advertising signs or structures and billboards in the I Zone. Director's Report Senior Planner Williams read a letter addressed to the Planning Commission from the City Clerk concerning the City Council's request that the Commission consider applying the "D" zone classification for each of the major entrances to the City from Interstate 5 to Broadway. Mr. Williams advised that the staff will present recommendations in this regard in the near future. Mr. Williams also reported that a prezoning plan for the Sweetwater Valley has been prepared by the citizens committee of the Valley and asked the Commission to set a public hearing to consider the prezoning of Sweetwater Valley. MSUC (Stewart-Adams) Set for public hearing on August 30, 1971, the prezoning of Sweetwater Valley. Commission Comments Member Macevicz reported that there appears to be new construction in front of the store on the Handyman site. Since any construction in the Flood Plain requires a conditional use permit and none has been applied for, the staff was directed to check into this. Chairman Rice asked about the legality of firms located outside the City limits advertising that they are a Chula Vista operation. City Attorney Lindberg advised that any firm with a Chula Vista post office address may advertise in that manner regardless of whether they are in the incorporated area of the City or not. Oral Communications Kathryn Moore, 1134 Tobias Drive, questioned the reason for the modification of plans for the elderly housing project which results in the elimination of the lounge area on each floor above the first floor. Associate Planner Lee remarked that the architectural firm had advised this was a matter of economics. Mr. Lee also felt the lounge area originally proposed was too small to be functional. The meeting was adjourned at 8:35 p.m. to the meeting of August 23, 1971. Respectfully submitted, Helen Mapes, Secre~ry