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HomeMy WebLinkAboutPlanning Comm min 1970/11/16 MINUTES OF A REGULAR ADJOURNED MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA November 16, 1970 The regular adjourned meeting of the City Planning Commission of Chula Vista, California, was held on the above date beginning at 7 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, Chula Vista, with the following members present: Rice, Stewart, Adams, Chandler, Macevicz, Hillson and James. Also present: Director of Planning Warren, Associate Planner Lee, City Attorney Lindberg, and City Engineer Gesley. APPROVAL OF MINUTES MSUC (Macevicz-Adams) Minutes of the meeting of November 2, 1970 be approved as mailed. SUBDIVISION - Southwestern College Estates Units 5 & 6 - Final Map Associate Planner Lee submitted the final map of this subdivision, noting the location on the north side of Otay Lakes Road, one-half mile east of Southwestern College. Unit #$ contains 81 lots on 18 acres, Unit #6 contains 75 lots on 23 acres. He reported that a detailed landscaping and irrigation plan from the subdivider, and while the staff is in general agreement it is recommended that such plan include irrigation and planting for lots 442 through 449, including the offsite slope area extending north of the subdivision. MSUC (Chandler-Macevicz) Recommend to City Council the approval of the final map for Southwestern College Estates Units 5 and 6 subject to the following conditions: 1. The plan shall include irrigation and planting for Lots 442 through 449, including the offsite slope area extending north of the subdivision. 2. The final map shall not be submitted for Council action until approval of the final map and improvements plans by the City Engineer, all fees are paid and all necessary bonds, agreements, deeds, letters and easements, as required by the City Engineer have been delivered to the City. Request for approval of detailed plans for Mobile Home Park east of Southwestern College Estates , Allied contractors, Inc. Director of Planning Warren recalled that the conditional use permit approving this mobile home park had, among other conditions, required that it be redesigned to include the 3 1/2 acres for which a subsequent request for rezoning to R-3 was denied. Associate Planner Lee reviewed the new design for the mobile home park which meets most of the criteria of the conditional use permit. This design shows 207 trailer spaces, or 7 spaces per acre, with approximately 3 acres devoted to open space of which slightly over one acre is usable area and the balance in slopes which will be landscaped. -2- 11/16/70 Mr. Lee reviewed the conditions recommended by the staff, which would include the elimination of one space to provide easier access to the recreation area. Also, if realignment of Otay Lakes Road results in moving the road further south, there shall be no increase or change in the park design, but such change may alter the slope. Chairman Rice commented that it should be included in the condition that land- scaping shall be extended to include this area. Mr. Richard Kelton, 5109 Waring Road, the developer, expressed agreement with the conditions recommended and answered questions of the Commission. MSUC (Adams-James) Approval of detailed plans for ~obile Home Park east of Southwestern College Estates, subject to the following conditions in addition to those specified in the original resolution: 1. Spaces 198 through 200 shall be revised, leaving two 40' wide mobile home pads with a minimum distance of 100' from the most westerly pad to the edge of the roadway adjacent to the recreation area; parking configuration to be worked out with the staff. 2. Parking area shown adjacent to spaces 162 and 181 shall be eliminated. 3. If realignment of Otay Lakes Road is accomplished (moving the road further south) there shall be no increase or change in the park design, but such a change may alter the slope extending from the trailer pads to Otay Lakes Road, and the landscaping shall be extended to include this area. 4. A minimum of 100 spaces shall be 50' wide or more, with the remaining spaces having a minimum width of 40'. The bad depth of each space shall not be less than 70' unless approved by the staff. 5. No trailer in excess of 14' in width shall be permitted on the spaces which are less than 50' in width, except that the width may exceed 14' up to 50% of the overall length of a coach. 6. The applicant shall be permitted to enter into some type of agreement with the City which would provide for deferment of improvement of Otay Lakes Road until plans for widening are completed by the County. PUBLIC HEARING (Cont.) - REZONING - Phase II~ Area between Second Avenue and Fifth Avenue, H street and Moss Director of Planning Warren commented that this hearing was continued from the meeting of October 19 to give the staff an opportunity to review the testimony presented at that time. The staff has done this and have also given consideration to all petitions and letters received and now on file regarding the proposed zone changes. Associate Planner Lee displayed a map showing the proposed zoning and discussed the areas on which protests have been received. Section I (area between H Street and I Street): Concerning 5 acres at the southwest corner of Third and Mankato, the staff had orginally recommended rezoning from C-C to R-3. The owners protested this pointing out they also own the property north of Mankato which is commercially developed and desire to develop this area in the same manner. The staff recognized the need for commercial expansion within -3- 11/16/70 the downtown area and recommends that this area remain in the C-C zone, but in view of the 13 parcels involved in the area it is recommended that the "P" Modifying District be attached to require a precise plan consolidating the parcels prior to any development. Concerning the property fronting on Third Avenue, the staff still feels these lots do not lend themselves to any type of retail commercial zoning since the average depth is only 120 feet and, therefore, retain the recommendation for rezoning to C-O. Concerning the area east of Third Avenue on both sides of I Street for which rezoning from R-3 to-~-) was recommended, this area consists of 26 lots under 60' in width and 25 less than 7,000 square feet., with R-1 zoning surrounding the entire area. Because the majority of the lots are narrow, access to the rear is limited and redevelopment would require removal of the existing structures. The staff maintains that the vast majority of houses in this area are not ready to be torn down for redevelopment, so the area should be rezoned R-1 in conformance to the use established there. Chairman Rice declared the public hearing open for comments concerning this section of the Phase II rezoning plan. Mr. Jim Patton, owner of the property at 580 Third Avenue, expressed the opinion that the property fronting on Third Avenue proposed for the C-O zone is being discriminated against and should be left in the C-C zone. Mr. Bob LeBre, 596 Third Avenue, contended that the building which he uses for a real estate office could just as well be adapted for a delicatessen or comparable use. He felt the property should remain in a commercial zone which would accommodate any small business which wished to locate there. Margaret Richardson, 249 I Street, protested the rezoning of that property from R-3 to R-l, stating that her last tax bill showed an increase in the assessment of the lot of $5,000, and she is considering the necessity of adding another living unit to provide some income. Associate Planner Lee continued his presentation of proposed changes under Section II, the area between I Street and J Street. He pointed out that although this area has been zoned C-C for some time the only parcels that have been redeveloped were for office use or multiple family use. The staff contends that changing the zoning to C-O will establish a pattern of use that will be best for the area in general. Mr. Bob LeBre again spoke in protest of the rezoning referring to the high appraised value of the property. He contended that if the property is rezoned C-O it will be appraised at a lower figure, thereby reducing the value of the property. Bob Duckworth Ford, 635 Windsor Circle, expressed the opinion that 60' frontage is sufficient for commercial business use and that the lots on Third Avenue have enough depth to allow for offstreet parking. Associate Planner Lee reported that concerning Section IV, the area between K Street and L Street, a written request was received from a nearby property owner asking that an R-3 lot on the north side of L Street be considered for lower density multiple family use. In view of the adjacent land uses the staff recommends no change. -4- 11/16/70 There being no further comments concerning the proposed changes, the public hearing was declared closed. Director of Planning Warren reminded the Commission that any changes ultimately adopted will require setbacks to correspond to the Zoning Ordinance rather than the setback map. Member Hillson questioned the advisability of establishing as much C-O zoning as proposed for Third Avenue. He felt that office use can be accomodated off the major thoroughfares and commercial enterprises tend to locate on the busiest streets. Member Stewart commented that one of the basic rediments of planning is to try to avoid strip zoning. He further pointed out the property fronting on Third Avenue has been zoned C-C for a number of years and it has not been developed to commercial use because the lots are not deep enough for good commercial use. Mr. Warren discussed the changing trends in this area. Member Hillson expressed his concurrence with the proposed changes with the exception of the section between H and I Streets. MSUC (Chandler-Adams) Recommend to City Council change of zone for portions RESOLUTION NO. PXZ-70-Z of land bounded by Second Avenue and Fifth Avenue and I Street and Moss. MSC (Chandler-Macevicz) Recommend to City Council change of zone for portions of land bounded by Second Avenue and Fifth Avenue between H Street and I Street. The motion carried by the following vote: AYES: Members Chandler, Macevicz, Adams, James, Rice and Stewart NOES: Member Hillson ABSENT: None PUBLIC HEARING (Cont.) a. CONDITIONAL USE PERMIT - 215 Third Avenue - Locate residential'use in C,B zone - Ellis E. & Ina Huff b. VARIANCE , 215 Third AvenUe - Residential use on ground floor of structure in C-B zone - E~ E, & I~ Huff Associate Planner Lee reviewed the request which was continued from the meeting of November 2nd, pointing out the surrounding land use and zoning. He displayed a plat of the property showing the location of the existing garage building proposed for conversion into a living unit. The variance is required because this is on the ground floor in the C-B zone and is 8" from the property line instead of 5' as required by ordinance. The staff has recommended against this request because of the objection from the Fi re Department. Chairman Rice declared the continued public hearing opened. Mrs. Ina Huff, owner of the property at 215 Third Avenue, explained the operation of the telephone answering service located and the growth of the business. It is their desire to expand the existing building used by the business by adding an employee's lounge. Also, for security reasons they desire to convert the garage into an apartment in order to have a person living at the back of the -5- 11/16/70 property for the protection of the operators working through the night or leaving work at late hours. She pointed out this living unit would be obscured from vision on Third Avenue and she felt that there was no fire hazard since the garage has a concrete wall adjacent to the property line. As no one else wished to speak, for or against, the public hearing was closed. In discussion the Commission asked the applicant about adding a second story to the existing building for living quarters, or other methods of providing security, such as a night watchman, or hiring patrol service. Member Adams spoke in favor of granting the conditional use permit and variance. He them made a motion that the conditional use permit to locate a residential use in the C-B zone be approved. The motion died for lack of a second. MSC (Hillson~Macevicz) Request for a conditional use permit to locate residential use in the C-B zone be denied. The motion carried by the following vote: AYES: Members Macevicz, Hillson, James, Rice, Stewart and Chandler NOES: Member Adams ABSENT: None MSC (Macevicz-Hillson) Request for a variance to permit residential use on the ground floor of a structure in C-B zone be denied. The motion carried by the following vote: AYES: Members Macevicz, Hillson, James, Rice, Stewart and Chandler NOES: Member Adams ABSENT: None This being the time and place as advertised, the public hearing was opened. Frank Bliss, 661 Del Mar Avenue, discussed the operation of the proposed day nursery and concurred wi th the requirement for a fence around the play area. He stated he was undecided whether to use a 6' fence at the setback line, or a 42" fence acrsss the front of the property to include the concrete driveway within the play area. He further stated he intends to remove the four smaller trees located in the center of the back yard but had considered leaving three trees nearer the edge of the property and trimming them. There being no further comment, for or against, the public hearing was closed. MSUC (Macevicz-Chandle[) Approval of the request for a conditional use permit RESOLUTION PCC-70-33 for operation of a day nursery at 544 Glover Avenue subject to the following conditions: 1. The hours of operation shall be limited to 8:30 a.m. to 3:30 p.m., with a maximum of 15 children. 2. A 6' high decorative solid wall or fence shall be constructed along the westerly and northerly property lines, with the option of lowering the wall to 42" and extending across the front property line facing Glover Avenue and enclosing the p~ay area, or utilizing a 6' high fence at the setback line -6- 11/16/70 and providing landscaping and irrigation between the fence and Glover Avenue. The ultimate wall location shall be subject to staff approval. 3. A plan for the development of the play area shall be submitted for staff approval. 4. The applicant shall comply with all conditions required by the Fire Marshall in Title 19 of the State Fire Marshall Rules and Regulations. 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. The location of the use is close to major streets and therefore will be able to serve a wide area. 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. There is very limited incompatibility with the adjacent uses, control can be accomplished through the stipulated conditions. c. That the proposed use will comply with the regulations and conditions specified in the Code for such ~e. All regulations and conditions will be complied with. d. That the granting of this conditional use permit will not adversely effect the General Plan of the City of Chula Vista or the adopted plan of any govern- mental agency. The General Plan is not affected. PUBLIC HEARING - VARIANCE - 235 Woodlawn Avenue - ReqUeSt to prOvide cookin9 units in all 45 units of motel , John M~ Sachs Director of Planning Warren pointed out the location of the property, zoned C-T, with commercial uses adjacent on the north and west and apartments to the south and east. The Zoning Ordinance allows cooking facilities in o~ly 30% of the units in a motel and the staff recommends denial of the request because they could find no hardship by limiting the cooking facilities to 30% of the units and granting the variance would provide a residential use in the commercial zone which provides for the most heavy commercial uses. This being the time and place as advertised, the public hearing was opened. Mr. James E. Hurley, 7872 La Mesa Blvd., spoke in support of the application, pointing out that under the ordinance they can put in a counter and sink in all motel units and if anyone desired to cook it would be easy to bring in a hot plate, and they felt it would be preferable to put in a neat built-in unit. He contended that the size of the unti$, 360 sq. ft., would preclude their being used as a permanent residence. -7- 11/16/70 No others wishing to speak, the public hearing was closed. The Commission could find no exceptional circumstanoes to warrBnt granting the variance. MSUC (Hillson-James) The request for a variance to provide cooking units in all 45 units of a motel at 235 Woodlawn Avenue be denied. Chairman Rice advised the applicant that he has 10 days in which to appeal the decision to the City Council. PUBLIC HEARING - VARIANCE - 4201 Bonita Road - Request for transfer of density ~in R-3-G zone - RiChard WilSon Director of Planning Warren reviewed the history of the zone changes and develop- ment of this property. The first unit was developed at a density of one unit per 3,000 square feet of land. After a zone change to R-3-B-2-D, the western parcel was developed at a density of one unit per 2,000 square feet as allowed under that zone. Wi th the adoption of the new zoning ordinance this property was placed in the R-3-G-D zone which permits one unit per 2500 square feet. The applicant has requested a transfer of density from the previously developed central parcel which would result in a density of one unit per 2500 sq. ft. for the central and easterly parcel. Mr. Richard Wilson, owner of the property, spoke for the request pointing out that under the present zone he could build 16 additional units on the original parcel, thus filling up the open space, but a more desirable way to develop the property is by transferring the density' ~o the undeveloped parcel of the property. No one else wished to speak, for or against, the public hearing was closed. Chairman Rice commented that while this development overall is somewhat pleasing he regretted the addition to the west by the fact that it has completely obscurred the golf course from the surrounding area. This view should belong to the public and everything the Commission allows to increase the density and to block the area off takes something away from the citizens of the community. He is against doing anything on the eastern side that would also serve to add to the density. Member Stewart pointed out that the area along Bonita Road at this point is devoted to business rather than to living and open space and the property owner has some rights in this matter. The property has been zoned to this use for years and the Commission cannot deny him the right to use it as it is zoned. Chairman Rice stated he did not wish to deny use of the land but objects to the manner and density of development. MSC (Stewart-Macevicz) Approval of the request for a variance to permit the RESOLUTION PCV-70-35 transfer of density from one parcel to another in the R-3-G zone be approved. Findings for approval as follows: -8- 11/16/70 a. That a hardship peculiar to the property and not created by any act of the owner exists. If the parcel were part of the lot developed at one unit per 3000 square feet this parcel could be developed at one unit per 2000 square feet without a variance. b. That this variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zone and in the vicinity of the subject property. Adjacent properites are developed at the proposed density and there is no detrimental affect. c. That the authroizing of this variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this ordi- nance or the public interest. The proposed density is within the density shown on the General Plan. d. That the granting of a variance will not be contrary to the objectives of the General Plan. The General Plan is not affected. The motion carried by the following vote: AYES: Members, Stewart, Macevicz, Hillson, James and Adams NOES: Members Chandler and Rice ABSENT: None Site plan and architectural approval of Kingswood Unit #2. Director of Planning Warren presented a display showing new models proposed for construction in the Kingswood development to add variety in the appearance. The applicant proposes to use the new models on 34 lots, 28 of which would be two story structures. Mr. Warren enumerated three conditions which the staff recommends in approving the change of architecture and site plan. Mr. Jim Boeker, representing the builder, reported that he had reviewed the proposed conditions and concurred with the recommendation. MSUC (Hillson-Chandler) Approval of site plan and architecture of new models for Kingswood Unit #2, subject to the following conditions: (1) A rough sawn wood material shall be utilized under the gabled roof on all exterior side yard elevations and shutters shall be utilized on the exterior side yard second story windows of Model 7A. (2) Shutters shall be utilized on all front elevation second story windows of Model 7A. (3) The front yard setbacks shall be varied more than is shown on the site plan, subject to staff approval. ~-' -9- ~ 11/16/70 Request for approval of expansion Of nonconformin9 use at 725,A Twin Oaks - Glad~s~Ada~ Associate Planner Lee pointed out the location on Twin Oaks where the entire block is zoned R-1. Theprimary land use is single family dwellings, however, there are other nonconforming multi-family uses in the area. The lot being considered has been developed with two-single family dwellings facing Twin Oaks with a garage unit in the rear of the lot which also has two living units in it. The applicant is asking to expand the existing facility in the rear, which is two story, by adding a bedroom and bath to the second story and a storage room on the ground story. A stairway along the southerly end for access to the second story would be located 5 feet from the property line. This addition would not add another nonconforming use, and since it would result in an improvement to the structure, the staff recommends approval of the addition. Member Macevicz pointed out that adjacent property owners with the same size of lots would not be allowed to add another residential unit on their property and he felt it would be inappropriate to allow an expansion of the use on this lot. Chester Warfe spoke in behalf of Mrs. Aday, pointing out the present structure is not up to Building Code standards. He assured the Commission this addition would not make it possible to create another apartment and was intended mainly for the purpose of storing some antique furniture which could not be taken through the doorways as the apartment presently exists. MSC (Stewart-Adams) Approval of the addition to an existing building at 725-A Twin Oaks. The motion carried by the following vote: AYES: Members Stewart, Adams, Rice, Chandler, James and Hillson NOES: Member Macevicz ABSENT: None Request for deferral of public improvements - 965 F Street - James Cappos The Department of Public Works recommended deferral of the installation of curb, sidewalk and pavement at 965 F Street, inasmuch as this particular site is dependent upon establishment of street grades over a large area of bay frontage. Until the total concept is establihsed, there is no practical means to establish grades for the subject site. MSUC (Chandler-Stewart) Deferral of public improvements at 965 F Street be approved. Request for approval of La~ton's Ota~ Lakes Road Annexation This annexation includes 60.04 acres lying north of Otay Lakes Road between Country Club Heights subdivison and Bonita Vista Junior High School. The property has been prezoned R-l-lO and a conditional use permit approved for a church on a portion of the property. The annexation has been approved by the Local Agency Formation Commission and the staff recommends approval. -10- 11/16/70 MSUC (Chandler-Stewart) Recommend to City Council approval of the proposed PCM-70-21 annexation known as Layton's Otay Lakes Road Annexation To be set for hearing - Ordinance requiring fence between commercial and residential zones Director of Planning Warren adivsed that this is one of the amendments being considered in the overall revision of the Zoning Ordinance presently being considered by the Planning Commission and it does not seem feasible to set a separate hearing for each item that comes up. He suggested that the staff be directed to prepare a communication to the City Council advising them of this. MSUC (Macevicz-Stewart) The Planning Director advise the City Council that the amendment requiring a fence between commercial and residential zones will be considered in conjunction with other amendments to the Zoning Ordinance. WRITTEN COMMUNICATIONS Director of Planning Warren reported that a letter received form William E. Harshman was considered during the discussion of Phase II rezoning and no action was recommended at this time. Announcement was made of the November meeting of the League of California Citie~ but no Commissioners requested reservations for the dinner meeting. Chairman Rice declared the meeting adjourned at 9:30 p.m. to the meeting of November 23, 1970. Respectfully submitted, Helen S. Mapes, Secretary