Loading...
HomeMy WebLinkAboutPlanning Comm min 1971/06/07 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA June 7, 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: Rice, Stewart, Adams, Macevicz, Chandler, James and Hillson. Also present: Director of Planning Warren, Senior Planner Williams, Associate Planner Lee, City Engineer Gesley and City Attorney Lindberg. PUBLIC HEARING: VARIANCE - 539 Hibiscus Court - Reduction of rear yard, 20' to 10' - Jos. W. Sessions Associate Planner Lee indicated the location of the property at the end of a cul- de-sac, and advised that the applicant wishes to construct an addition to his home which will encroach to within 10' of the rear property line. The total area to be covered by the addition is 12% of the required rear yard, whereas the ordin- ance allows up to 30% coverage by detached structures. This being the time and place as advertised, the public hearing was opened. Joseph W. Sessions explained why this is the most economical location in which to add an addition to the house inasmuch as it will utilize an existing sliding glass door and not require making another opening. He pointed out that since a city owned park is adjacent to the rear property line, no other dwelling is near this addition. As no one else wished to speak, the public hearing was closed. MSUC (Adams-James) Approval of the variance request for reduction of RESOLUTION NO. PCV-71-13 rear yard to tO' at 539 Hibiscus Court. Findings are as follows: a. That a hardship peculiar to the property and not created by any act of the owner exists. Because of the minimal lot size and location of the house, the owner would be able to expand only by encroaching into the rear yard setback. b. That this variance is necessary for the preservation and enjoyment of sub- stantial property rights possessed by other properties in the same zone and in the vicinity of the subject property. The Commission has in the past approved similar reductions in rear yard setback due to lot size and the fact that no adjoining structures could be built within 20' of the rear lot line. c. That the authorizing of this variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of the Ordinance or the public interest. -2- 6/7/71 The addition will cover just over 10% of the required rear yard area, whereas an accessory structure could cover up to 30%. The Planning Commission has drafted an ordinance which would allow single story structures to extend within 10' of the rear property line; subject ordinance is pending before the City Council. Because there will be no structures on the adjacent canyon property and because of the difference in elevation of topography there will be no reduction of needed light and air. d. That the granting of a variance will not be contrary to the objectives of the General Plan. The General Plan is not affected. PUBLIC HEARING: VARIANCE - 2 Sandalwood Drive - Create 3 lots with no street frontage - Bart Corporation Director of Planning Warren reported that a letter was received on this date from an agent for the applicant requesting that the hearing be continued to the meeting of June 28. The reason for the request was not stated but the City Attorney has in the past advised that if there is a valid reason for a continuance that it should be granted one time. Chairman Rice called upon the applicant concerning the reason for the request. James Lister, Vice President of Bart Corporation, 122 North Second Avenue, advised that postponement of the hearing is requested because they were not aware until this morning that there was opposition to the plan. He stated that in dividing this lot they will take care of a serious drainage problem and wished an opportunity to explain this to nearby residents as they felt this would overcome their opposition. City Attorney Lindberg confirmed that it is not unreasonable for an applicant to request a single continuance in such matters. Marion Hunt, 205 Rogan Road, expressed the opinion that the existence of those opposed to a request is not a reason for a continuance. MSUC (James-Chandler) The public hearing concerning the variance request by Bart Corporation be continued to the meeting of June 28, 1971. PUBLIC HEARING: CONDITIONAL USE PERMIT - 345 Fifth Avenue - Expansion of church facilities - Grace Baptist Temple Director of Planning Warren displayed a plot showing the location of the property pointing out that the surrounding uses are multiple and single family residential. He also displayed a plan showing the existing buildings and the proposed additions. With the additions it is proposed to improve the parking lot and add additional parking spaces. The staff recommends approval of the request subject to conditions covering landscaping, construction of a zoning wall along the south property line, and limiting functions at the church during the evening hours to no later than 10 p.m. This being the time and place as advertised, the public hearing was opened. -3- 6/7/71 Kenneth Johnson, Pastor of Grace Baptist Temple, expressed concurrence with the conditions as enumerated by the Planning Director and their desire to make this church as convenient and pleasurable to everyone as possible. Glen Hansen, 357 Hedgeway, stated that with the conditions enumerated this is agreeable with them. Their complaint before concerned the noise level and they feel that the requirement for sealing the windows would improve this problem. Esther Courtney, 351 Hedgeway, stated they have no oppoistion to the church and ask only that the noise be controlled; she felt that activities like youth rallies should be held in public parks. Larry Fitzpatrick commented that he is the owner of property adjacent to the church. He raised a question concerning the drainage ditch at the north side of the property stating that it has caused erosion of his property. He had been told a box culvert would be installed but he had heard nothing of that at this hearing. He requested confirmation from the city in this regard. City Engineer Gesley confirmed that a representative of the church has submitted plans for a drainage structure to the Engineering Division and this structure would be adequate. Robert Dickens, 7477 Guthrie Way, San Diego, stated that he is a member of Grace Baptist Temple and part of their youth group. He reported that the youth rallies are divided up among the fellowship of churches and a youth rally comes to this church about once every six months. If such a rally were held in a public park it would not remain Christ-centered which is the purpose of the group. As no one else wished to speak, for or against, the public hearing was closed. MSUC (Chandler-Macevicz) Approval of the conditional use permit for expansion RESOLUTION NO. PCC-71-12 of church facilities at 345 Fifth Avenue, subject to the following conditions: 1. All areas of landscaping within or adjacent to the parking area shall be irrigated by a sprinkler system, and shall be in complete conformance with the Landscape Manual with exact materials, spacing and standards to be approved by the city's Landscape Architect. 2. A zoning wall (6' high, masonry) shall be constructed along the eastern and southern property lines as shown on the attached plat. 3. The evening operating hours shall be limited, with no functions continuing later than 10:00 p.m. 4. The applicant shall investigate, to the satisfaction of the Zoning Adminis- trator, the pOssibility of sealing all windows along the southern and eastern sides of the building with the installation of air conditioning if necessary. 5. The applicant shall work with the staff to determine whether or not planting the setback area between the building and the southern and eastern property line with dense landscaping would effectively act as an acoustical control. -4- 6/7/71 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. Due to the easy access to the city's circulation system, this site is well located to serve the whole community. 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. Subject to the conditions herein stated and the improvements to be installed, compatibility with the adjacent residential uses will be improved. c. That the proposed use will comply with the regulations and conditions speci- fied in the Code for such use. 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. The General Plan will not be affected. PUBLIC HEARING: CHANGE OF SETBACK - North and south sides of Inkopah Street between Melrose and Monserate, 20' to 10' - Warren J. Anson Director of Planning Warren advised that this application was accompanied by a petition signed by all property owners involved. He indicated Inkopah Street has a 60 foot right-of-way whereas present standards require a 51 foot right- of-way. The setback in this block is 27 feet from the sidewalk. If the setback were reduced to 10 feet from the right-of-way, there would still be a 17 foot dimension in back of the walk. This is comparable to other streets, and the staff recommends approval of this request. The public hearing was opened and Mr. Warren Anson requested that the recommenda- tions of the Planning Department be approved. As no one else wished to speak, the public hearing was closed. MSUC (Adams-James~ Recommend to the City Council the change of setback RESOLUTION NO. PCZ-71-I from 20' to 10' on the north and south sides of Inkopah Street between Monserate and Melrose Avenues based on the following findings: a. The right-of-way width of I~kopah Street is wider than the present Engineering standards and the property line is located further back behind the walk than in new developments, leaving an open area in the front yard comparable to present standards. b. The area remaining is in conformance with present standards of open areas for single family developments. -5- 6/7/71 PUBLIC HEARING: a. CONDITIONAL USE PERMIT - 335 Church Ave. - Construct new sanctuary and fellowship hall and parkin§ facilities - First Southern Baptist Church b. VARIANCE , Reduction in front and one side yard setback from 20' to 9'; reduction in offstreet parkin~ requirements; waiver of lO' wide landscapin~ at side of parkin~ lot - First Southern Baptist Church Associate Planner Lee pointed out the location of the property, the location of the church structure on the lot, and the location of two lots on the west side of Church Avenue proposed to be used for additional parking. The surrounding zoning and land use are residential with commercial use on Third Avenue. Mr. Lee reviewed the plans for removing the old church structure and replacing it with a new and more functional structure, and encompassing into its architecture the educational building. This will require utilizing a 9' setback on Church Avenue and a lO' setback on Center Street. Mr. Lee enumerated the conditions recommended by the staff for curbing, sidewalks, and landscaping. This being the time and place as advertised, the public hearing was opened. James Halls, 2724 West Main Street, Alhambra, reported that he is representing the church as the designer of the building. He confirmed they are replacing a very old building with a new one in the same location but since the new building will have a porch at the corner next to Church Avenue and Center Street it will afford a better view from the street. He reported that the property owner adjacent to the north side of the proposed parking lot has requested that they use chain link fencing rather than a concrete wall on that property line due to the nearness of her dwelling and they are in agreement with the requested change. Mrs. Hibert,342 Church Avenue, owner and resident of the property north of the proposed parking lot commented that her house is 42" from the property line, and that a 6' high solid wall would shut out air and light, and she would prefer a chain link fence. John Madsen, 270 Madrona Street, called to the attention of the Commission the location of a City parking lot behind the repair garage at the corner of Third and Madrona. He felt this should be used by the members of the church rather than constructing additional parking facilities on the west side of Church Avenue, since this would be removing two residential lots from the tax roles. City Attorney Lindberg pointed out that since the church is not located within the parking district the public parking lot cannot be used to satisfy the requirements for parking for the church. Rev. Dan Cheak, Pastor of the church, observed that they desire to build a new sanctuary with the same seating capacity as their present building, and they have purchased the two additional lots in an effort to meet the parking requirements of the ordinance. He requested that the Commission consider Mrs. Hibert's request concerning the fence between the parking lot and her property. Frank White, 258 Madrona, also voiced his objection to the use of the two lots for parking facilities, again pointing out the loss of revenue in taxes. As no one else wished to speak, the public hearing was closed. -6- 6/7/71 The Commission discussed the question of a chain link fence in lieu of concrete wall and Member Stewart pointed out that since the adjacent property is in the C-O zone, it may be redeveloped in the future to other than residential use and he felt the chain link fence would not be objectionable. MSUC (Macevicz-Chandler) Approval of the conditional use permit for construction RESOLUTION NO. PCC-71-14 of a new sanctuary/fellowship hall and parking facilities for First Southern Baptist Church subject to the following conditions: 1. The curbing on Center Street and the curb return shall be replaced. The curb return to be a 20 foot radius or as otherwise approved by the City Engineer. 2. The sidewalk on Center Street shall be replaced with a 6 foot monolithic walk and the sidewalk on Church Avenue shall be replaced with a 5 foot monolithic walk up to the driveway leading into the parking area south of the educational building. 3. The parkways adjacent to driveways on Church Avenue shall be landscaped. 4. A 6' high chain link fence shall be constructed on the north property line of the parking lot at 348-350 Church Avenue; a 6' high masonry wall shall be constructed on the south property line of 348-350 Church Avenue and on the south property line of 335 Church Avenue. Fence and wall shall be reduced to 3~' in height at the 15' setback line. Findings are as follows: a. That the proposed use at the particular location is necessary or desirable to previde a service or facility which will contribute to the general well-being of the neighborhood or the community. A church now exists on the site and has served the community in this location for many years. Additional offstreet parking will be provided by allowing the use of the two parcels for parking which will eliminate some congestion during hours of operation. 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 demoli~onof the existing structure and replacing it with a new building will improve the general appearance of the area. c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. The proposed uses will comply with the regulations and conditions as required. 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 governmental agency. The General Plan will not be affected by the granting of this request. -7- 6/7/71 MSUC (Macevicz-James) Approval of the variance request for reduction of RESOLUTION NO. PCV-71-15 front setback, reduction in offstreet parking requirements, and waiver of 10' wide landscaping at side of parking lot, based on the following findings: a. That a hardship peculiar to the property and not created by any act of the owner exists. The existing structure now maintains the requested setbacks and enjoys a seating capacity for 400 persons. Reduction of the seating capacity to accommodate additional parking and setbacks would preclude redevelopment of the property. b. That this variance is necessary for the preservation and enjoyment of substan- tial property rights possessed by other properties in the same zone and in the vicinity of the subject property. The setbacks established in the immediate area adjacent to the site have setbacks equal to or less than required on the applicant's property. The property lies on the boundary of the Parking District. c. That the authorizing of this variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of the Ordinance or the public interest. There would be no change in the conditions that exist and therefore would not be detrimental to adjacent properties. The increase in parking as proposed by the applicant would eliminate some traffic congestion which presently exists. d. That the granting of a variance will not be contrary to the objectives of the General Plan. The General Plan is not affected. PUBLIC HEARING: CONDITIONAL USE PERMIT - West side of Glover, north of Trousdale- Locate lumber and buildin9 materials sales in I-L-F zone - Doyle Lovell Associate Planner Lee pointed out this is an application to move an existing business out of the F-1 Floodway Zone and into the "F" Flood Plain Modifying District in the I-L zone. This represents an improvement in the flood hazard condition in the area. Mr. Lee discussed the proposed improvement plans for which the staff recommends approval. The public hearing was opened, and Mr. Gene York, 280 K Street, was present to represent the applicant. He had no further information to add and the Commission had no questions concerning the proposal. As no one else wished to speak, the public hearing was closed. -8- 6/7/71 MSUC (Chandler-Macevicz) Approval of a conditional use permit for the location RESOLUTION NO. PCC-71-13 of a lumber and building materials sales operation in the I-L-F zone on the west side of Glover, north of Trousdale, based on the following findings: 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. This facility is being moved to a less hazardous location; it will therefore contribute to the general well-being of the community. 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 improvemets in the vicinity. The new location for the facility will be out of the Floodway Zone and therefore be less detrimental to the property or improvements in the area. c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. All conditions in the Code, including the Landscape Manual, shall be met. 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 governmental agency. The General Plan is not affected. PUBLIC HEARING: REZONING - Phase IV, Cits Rezoning Plan Associate Planner Lee commented that this final phase in the City Rezoning Plan covers property in six distinct and separate areas which are not related. It is the staff's recommendation that the presentation, testimony, discussion and Commission action be taken on each area separately. Area #1 - North of C Street, between Broadwas and Third Avenue Extension The property at the northeast and northwest corners of C Street and 5th Avenue is presently zoned C-T and proposed for rezoning to I-L (Limited Industrial); the present use is a building materials yard. The property at the northeast and northwest corners of C Street and Fourth Avenue is zoned C-T and proposed for C-C (Central Commercial); the present use includes retail stores and a car wash with approximately 9 acres of vacant land located to the rear of the existing stores-- these uses are allowed in the C-C zone. The property at the northeast corner of C Street and North Glover is zoned C-T and is proposed for R-3 since it is developed with a mobile home park and should be rezoned to a residential category. -9- 6/7/71 The public hearing was opened. Edward Wittick, co-owner and manager of the mobile home park at 345 C Street, asked if their present conditional use permit for this use would no longer be valid. Mr. Lee advised that the conditional use permit would be valid and would continue in force in the R-3 zoning proposed for the property. He further pointed out that mobile home parks are no longer permitted in commercial zones, and this park is presently nonconforming. MSUC (James-Macevicz) Recommend to the City Council a change of zone RESOLUTION NO. PCZ-71-M-(1) for property located north of C Street, between Broadway and Third Avenue Extension, to I-L, C-C, and R-3 as delineated on the map displayed Area #2 - North of C Street, bisected by Edgemere Avenue A small vacant area on the west side of Edgemere which abuts residential zoning on two sides is presently zoned I-L although it is not part of the adjoining industrial park. It is recommended this be changed to R-3. The property on the east side of Edgemere is improved with a sanitarium and the present C-T zoning is not appropriate; this also is recommended to be changed to R-3. The public hearing was opened and no testimony was offered, for or against, so the public hearing was closed. MSUC (Chandler-Adams) Recommend to the City Council that property north RESOLUTION NO. PCZ-71-M-(2) of C Street, bisected by Edgemere Avenue, be rezoned from I-L and C-T to R-3, as delineated on the map displayed. Area #3 - East of Third Avenue, between Palomar and Quintard Streets This entire area of 12½ acres was designed and built as a shopping complex. Therefore, the existing C-T zoning is not appropriate and it is recommended that it be changed to C-C (Central Commercial). The public hearing was opened. Jacob Overlease, 5282 Countryside Drive, San Diego, an employee of Fedmart, pointed out that the proposed zone change would result in more sign restrictions for the shopping center than the present C-T zone. He also pointed out that the property on the west side of Third Avenue, being in the County, is zoned "C'' under which there is no restriction on the size or number of signs and pole signs are limited only to 35' in height. He requested that the zone change for this area be held in abeyance until such time as the City annexes the property to the west and it is controlled by the same ordinance. Lyle Butler, 1635 Rosecrans Street, one of the owners of the shopping center directly north of Fedmart, pointed out that this property was developed three years ago in conformance with the zoning ordinance at that time. If the proposed zone change is adopted it will make this center nonconforming as far as signs are concerned. He also asked that this rezoning be postponed until the County adopts similar ordinances on signs. -10- 6/7/71 As no one else wished to speak, the public hearing was closed. Director of Planning Warren acknowledged the validity of the remarks of Mr. Butler and Mr. Overlease. He pointed out, however, that the City of Chula Vista seems to be setting the trend for sign regulations for a rather large area. The City and County of San Diego are in the process of adopting more restrictive sign ordinances, and he would hope to bring about changes in signs over a fair amortiza- tion period. MSUC (Adams-Macevicz) Recommend to the City Council the change of zone for RESOLUTION NO. PCZ-71-M-(3) property on the east side of Third Avenue between Palomar and Quintard Streets, from C-T to C-C. Area #4 - Property at 70 East J Street This one-acre site in the R-1 zone has been developed with a market for many years. In 1968 the Planning Commission recommended a change of zone to C-N for this property, but the rezoning action was denied by the City Council. The staff contends that the City will have much better control over the development and maintenance of the site with C-N zoning than leaving it nonconforming in an R-1 zone; therefore, this change is recommended. The public hearing was opened, and as no one wished to speak, the public hearing was closed. MSUC (Chandler-James Recommend to the City Council the change of zone RESOLUTION NO. PCA-71-M-(4) for property at 70 East J Street from R-1 to C-N Area #5 - Northwest corner of Melrose Avenue and Otay VAlley Road This property was included in an annexation of over 400 acres of land near the southeast corner of the City in 1963. The majority of this property was developed with single family dwellings, but a small area at the northwest corner of Melrose Avenue and Otay Valley Road was prezoned C-1-D (later converted to C-C-D) in the hopes of attracting a neighborhood market to serve that section; but such a market was never built. A large residential area has recently been approved south of Otay Lakes Road with a 5 acre neighborhood community center planned, which will serve the needs of people within a 1/4 to 1/2 mile radius. The staff contends that the small area at the northwest corner of Melrose and Otay VAlley Road is not needed for commercial development and should be rezoned to R-1. Director of Planning Warren stated a letter has been received from Earl Cohen, general counsel for Princess Park Estates, in which they protest this change and state that it does not conform to the General Plan. Mr. Warren pointed out that the revision in the General Plan adopted last year eliminated this as a commercial site. The public hearing was opened. -ll- 6/7/71 William Griffen, 2030 State Street, San Diego, Vice President of Princess Park Estates, commented on the physical aspect of this property, pointing out that at the present time this property is a high bank of dirt and its best use could only result after a grading operation that would bring it to the level of Otay Valley Road. It is their intention to do this grading at a future time when the material can be used elsewhere and they feel the property would then not be best suited for R-1 development. He felt that traffic factors should be considered and that this parcel should not be rezoned from its present commercial category. Chairman Rice discussed the question of grading this property and its possible use for R-1 development with Mr. Griffen. Director of Planning Warren commented that while this is not the most desirable location for a single family home, the present C-C zoning has no relation to the existing need or adjacent land use. If the planning of the undeveloped area to the east reveals that some other land use would be more appropriate that should be considered, but until plans are presented which show there is a validity or need for commercial zoning, it should be rezoned to the same category as the land adjacent to it, which is R-1. Mr. Griffen concurred with this and asked that action be withheld until they could submit plans for development which they are prepared to do and can do in a short period of time. As no one else wished to speak, the public hearing was closed. Member Hillson spoke in favor of leaving this property zoned C-C at this time, pointing out that a service station would require a conditional use permit and this need not be granted if it was not the appropriate use. Member Stewart felt that the neighborhood center already zoned across the street would be adequate to meet the needs of this area and that the property in question should be zoned R-1 as a holding zone until development plans are presented. MSC (Stewart-James) Recommend to City Council the change of zone for RESOLUTION NO. PCZ-71-M-(5) property at the northwest corner of Melrose Avenue and Otay Valley Road from C-C-D to R-I The motion carried by the following vote: AYES: Members Stewart, James, Adams, Rice, Chandler and Macevicz NOES: Member Hillson ABSENT: None Area #6 - West side of Halecrest DRive, north and south of Hale STreet This property was included in a larger annexation in 1958, the surrounding properties on the north and west have been developed with single family residences on 7,000 sq. ft. lots. C-C zoning exists to the south and east with only the service station sites developed. The property in question is vacant and under the existing zoning of R-3 could be developed with a total of 27 units. It is proposed that this zoning be changed to R-3-G which would limit construction to a total of 14 units, which the staff finds would be more compatible with the surrounding single family dwellings. -12- 6/7/71 Director of Planning Warren pointed out that the existing zoning was assigned many years ago when R-3 was the only multiple family zoning available. He reported that a letter received from Dr. John Gels, owner of the property at the southwest corner of Halecrest Drive and Hale STreet, objected to the proposed change as they purchased the property to develop a combination of professional office and apart- ment complex. Mr. Warren pointed out that under the present zoning ordinance professional office use would not be possible unless the property was rezoned C-O. The public hearing was opened. Dr. John Geis, 3885 Hill Road, Bonita, commented that his intention when he purchased the property was to build an apartment complex connected with a professional complex. The change proposed by the staff would reduce the density for this parcel from 10 units to 5 units which would make the property much less valuable than the amount paid for it. He pointed out that there are only two R-1 lots between his property and the freeway right-of-way, and when the freeway is completed the owners of those lots will likely wish to upgrade the zoning. He felt that the residential development in the area and across Telegraph Canyon Road has established the need for professional office use, such as a medical-dental center. He requested that the zone not be changed at this time. Lawrence Herman. 1830 West Olympic, Los Angeles, commented that he was involved in the original annexation of this land 12 years ago. His interpretation of the Master Plan, which this rezoning is supposed to reflect, is that this is shown as commercial, and he would request that the present zone remain in effect until Dr. Geis is ready to develop. He also contended that 17 u~ts on the northwest corner of Halecrest Drive and Hale Street is not too heavy use for that land. R. W. Farmer, 63 L Street, voiced his opposition to the proposed change of zoning, contending it is not justified due to the nearness of the freeway. As no one else wished to speak, the public hearing was closed. Member Adams recalled that he had advocated C-O zoning for the property at the corner of Halecrest Drive and Telegraph Canyon Road, but this has been developed with a service station, and he feels there is no need for additional commercial zoning in that vicinity. Member Stewart agreed, adding that the residential development in the area is recent and that R-3-G zoning is compatible and such development would upgrade the area. MSUC (Chandler-Adams) Recommend to City Council the change of zone for RESOLUTION NO. PCZ-71-M-(6) property at the northwest and southwest corners of Halecrest Drive and Hale STreet from R-3 to R-3-G. Chairman Rice advised that public hearings will be conducted at the City Council level on each of the proposed zone changes. -13- 6/7/71 PUBLIC HEARING: CONDITIONAL USE PERMIT - Northwest corner of Broadwas and H - Service station and automatic car wash in C-T-D zone - Gulf Oil Co. Associate Planner Lee displayed a plat indicating the location of the property and also a plan showing the development proposed for this site. He discussed the attempts being made through remodeling to insure architectural compatibility in the area. He felt that one serious problem in the proposed redevelopment is the lack of back up space for cars waiting for the car wash. He pointed out there are five curb cuts on this site, and any operation that would back traffic up on Broadway would be a definite hazard. The staff recommends either denial of the application or redesign of the site to eliminate curb cuts near the intersection, provide better circulation, maximize the waiting area for the car wash and develop an area for drying cars. This being the time and place as advertised, the public hearing was opened. Clyde Carpenter, Consulting Engineer, pointed out there is a service station on the property at the present time and it is Gulf's desire to upgrade the property. The existing service station fronts Broadway, but as pointed out, traffic is very bad on that street and Gulf has reoriented the gasoline facilities to utilize the H Street frontage. The car wash rack being proposed is one being used as an added incentive to get gas customers and the only people who use it are those who buy gas. This is a mini-car wash, which is between the do-it-yourself facility and a full blown commercial car wash. Bob James, LaMirada, an employee of Gulf Oil Corporation, presented information that the closest station utilizing a similar facility is the one at Federal and College in San Diego, and that it is for the purpose of selling gas. Director of Planning Warren commented there is a question whether this is the proper site for such a use. He suggested that the hearing might be continued if the Commission wished the staff to observe a similar facility and the impact it has on traffic. Clyde Carpenter spoke in favor of continuing the hearing to the next convenient meeting date. MSUC (Stewart-Hillson) The public hearing for a conditional use permit application for a service station and automatic car wash in the C-T-D zone at the northwest corner of Broadway and H be continued to the meeting of June 28, 1971. PUBLIC HEARING: Proposed Polics for Public Facilities Senior Planner Williams commented that the proposed policy is basically the same as the one the City of San Diego currently uses in requiring developers to make some arrangements for accommodation of public facility needs with the school districts. He pointed out this merely requires that when development plans are filed it will be necessary to furnish comment from the school districts as to the necessity for additional classrooms, and if additional school facilities are necessary the applicant must submit with his request detailed proposals acceptable to the school districts on the measures that will be taken to provide the necessary schools. -14- 6/7/71 The staff feels this policy is an interim measure and is asking the Commission to recommend to the City Council: 1. Adopt the attached policy as an interim solution to the problem of providing public facilities concurrent with development. 2. The Council support the passage of Assembly Bill 1032 in the State Legislature which would permit dedication of land for school purposes as a condition of approval of final subdivision map. 3. Recommend some change in the state policy concerning the availability of construction funds for schools. 4. Direct the staff to begin work with the school districts on the adoption of a comprehensive school plan as an element of the General Plan. City Attorney Lindberg commented it should be understood this is a consideration of a policy statement, not a requirement of dedication of land, and secondly, securing the necessary enabling legislation from the State if such dedication is~ to be required. This being the time and place as advertised, the public hearing was opened. Kathryn Moore, 1134 Tobias Drive, speaking for the South Bay Citizens Planning Committee, supported the adoption of the proposed policy. Gene York, 280 K Street, representing South Bay Improvement Association, expressed strong resentment over the inadequate time allowed for the review of important matters such as this. He reported he had not had an opportunity to meet with the members of the Association and could only express his own opinion. He maintained that the draft as written is more far reaching than just to schools, as is the one which San Diego has which relates to all public facilities. Mr. York questio~e~ the statement in the policy which states: "That the subdivision or rezoning be consistent with the General Plan and any other specific plans for the area which have been reviewed by the Planning Commission and adopted by the City Council." He contended this says the General Plan becomes the ordinance, while it has been his understanding that the General Plan was intended as a guide. City Attorney Lindberg suggested that the language could be amended to include the phrase, "not in conflict with the General Plan, or specific or precise plans that have been adopted." He also felt it is a grave error to use the statement that the General Plan is merely a guide as though it did not have any great meaning. He stated that the General Plan has considerable to do with the allowable use, and it should not be treated ~lightly. While it is not incumbent upon the Commission or City Council to precisely follow the requirements set forth in the General Plan, as circumstances may have changed since the time the plan was adopted, the General Plan should be regarded as the plan the City is attempting to implement in the approval of subdivision maps, zonings and precise plans throughout the entire planning area. -15- 6/7/71 Director of Planning Warren expressed concurrence with the City Attorney's recommended wording. Mr. York then referred to the second statement in the policy: "That the development plan for the property in question shall include an implementation section which sets forth in detail measures which will be taken to insure that needed public services are provided concurrent with the need generated by the development." He again objected that this is not limited to schools. Mr. Warren stated this does not mean that the developer will be required to construct the public facilities, but it is incumbent upon the developer to work with all agencies in determining what facilities will be needed to service the area he is developing. Mr. York expressed the feeling that the draft of the policy should be more specific. He felt after the policy is adopted the city will decide on the interpretation to put on it. He contended it is getting more and more difficult for developers, not only in Chula Vista but as a nationwide problem. Mr. Williams commented on the urgency of developing a comprehensive school plan so that the developer can anticipate where the need will be. Mr. York again objected that the proposed policy does not refer only to schools nor does it indicate that it is an interim measure. He asserted that the draft says so little that it can be interpreted in any way and it leaves so much to the discretion of whoever is in power. City Attorney Lindberg contended that this policy should be interpreted in light of the existing subdivision map act which makes provision as to how school sites will be set aside and how they will be procured. This policy could not require dedication and development at all; that is not within the authority of cities. It would require state legislation to impose that type of requirement. Mr. York continued to object to the wording in the proposed policy and requested that further time be allowed on this far reaching proposal. City Attorney Lindberg asked that the hearing be continued if Mr. York wishes to submit written comments on the provisions contained in this policy. MSUC (Macevicz-Chandler) The public hearing concerning the recommendation for a Council Policy on provision of public facilities be continued to the meeting of June 28, 1971. Review of proposed construction of Boat Launch Facility in Tidelands Zone Director of Planning Warren reported this is the first phase of development proposed for the J Street Marina. He pointed out there is presently a land use study under way by a consulting firm and there has been some talk about moving this marina further north, but there are no recommendations at this point and the City Council has agreed to go ahead with the first phase. -16- 6/7/71 This phase would include a boat launching ramp, parking, landscaping and a comfort station. He felt the plan as proposed would function well and pointed out there has been no architectural theme established for the area. The only structure in this phase, the comfort station, utilizes a modern, rough board formed concrete wall, rounded corners and a flat roof. It is not unattractive, but is nondescript and Mr. Warren hoped it would not set the architectural theme for the area. He would suggest that a Spanish theme be adopted for the area. The staff requests that the Commission recommend approval of this facility and transmit to the City Council their recommendation as to whether an archi- tectural theme more closely associated with Chula Vista be established here. Member Stewart expressed the opinion that the restroom facility be similar in architecture to those in the Spanish Landing Park in San Diego. MSUC (Macevicz-Chandler) Recommend to the City Council approval of the construc- tion of the boat launch facilities and that the comfort station be designed in a Spanish architecture comparable to that used in the Spanish Landing Park in San Diego. The meeting adjourned at 10:55 p.m. to the meeting of June 21, 1971. Respectfully submitted, Helen Mapes, Secretary