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HomeMy WebLinkAboutPlanning Comm min 1970/09/21 MINUTES OF A REGULAR ADJOURNED MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA September 21, 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, California, with the following members present: Rice, Stewart, Adams, Macevicz, Hillson and James. Absent (with previous notification): Member Chandler. Also present: Director of Planning Warren, Associate Planner Lee, City Attorney Lindberg and City Engineer Gesley. APPROVAL OF MINUTES MSUC (Macevicz-Stewart) Postpone approval of minutes of the meeting of September 14 until September 28, 1970. PUBLIC HEARING (Cont.) - CONDITIONAL USE PERMIT - 200 block Church Avenue - New and used car storage parking - Castle-Plymouth, Inc. Director of Planning Warren reviewed the application and the questions raised at the hearing on September 14, which included keeping vehicles on the street, crossing the curb to get to the lot, and unloading of carrier trucks on Church Avenue. The staff had checked with the Police Department in this regard and they reported no complaints had been received from this area but there had been in other areas. On narrow streets it is a problem because if a large truck is obstructing traffic it is a violation of a City Code. Mr. Warren reviewed the conditions recommended by the staff if approval of this request is to be granted. He also reported the receipt of a second petition of protest containing 16 signatures. The Chairman declared the public hearing reopened. Mr. Joe Husk, Manager of Castle Plymouth, Inc., reported that they do have a problem for parking and storing new cars and used car trade ins. With reference to unloading trucks in the area, he stated they have been told they cannot unload on Landis Avenue, on E Street or on Third Avenue; therefore, if they cannot unload on Church Avenue they are at a gmeat disadvantage. With reference to paving the parking lot, he advised they have contacted the owners of the property and asked them to pay part of the paving cost, since Castle Plymouth is renting for a short time on a month to month basis. He stated that, if possible, they are willing to use the alley only for entering and leaving the parking lot, but do have a problem on the unloading of trucks with new cars. When questioned by Chairman Rice, Mr. Husk stated they will install temporary paving on the parking lot whether or not the owners share in the cost. Member Adams commented that he felt the objections of the residents were valid; that the use was not compatible with the area; and that since this use had been going on without the benefit of legal sanction, it should be eliminated. -2- 9/21/70 Member Stewart asked about the possibility of having the trucks unload in the alley on the west side of the parking lot. Member James pointed out that a large truck could not make the turn from E Street into that narrow alley. Mr. Minear commented that the petitions bearing the signatures of residents in the area indicates they are against this request and nothing more needs to be said. There being no further comment, either for or against, the public hearing was declared closed. Member Hillson expressed concern for the adjacent property owners but pointed out no complaints about this existing use were made prior to the hearing. He felt if a restriction is imposed against one businessman, the same should apply throughout the City. Chairman Rice asked about the number of car deliveries made in a week. Mr. Husk advised they receive one full load and usually two partial loads of 3 to 4 cars. Unloading a full load requires one hour, and partial loads 30 to 45 minutes each, so that unloading time involves no more than 2½ hours a week. There are no after business hour deliveries. The Commission discussed the conditions proposed and Member Hillson felt the third condition, prohibiting the unloading of trucks on Church Avenue, should be omitted. MSC (Hillson-James) Approval of conditional use permit to allow for new RESOLUTION PCC-70-25 car and used car storage on property in the 200 block of Church Avenue, 100 feet south of E Street, subject to the following conditions: 1. The property shall be paved in accordance with the specifications for temporary paving as follows: Temporary pavement shall consist of two inches of compacted decomposed granite, the top one inch of which has been treated with SC-250 asphalt road oil to form a water resistant and dust free wearing surface. Pene- trants shall be applied at such rates or a sufficient number of times to produce the specified wearing surface. This paving shall be completed within 30 days from the date of this resolution. 2. This conditional use permit shall expire when additional storage facilities are completed adjacent to the applicant's sales and repair facilities on E Street, or December 31, 1971, whichever occurs first. The motion carried by the following vote: AYES: Members Hillson, James, Macevica, Stewart, Rice NOES: Member Adams ABSENT: Member Chandler -3- 9-21-70 MSUC (Hillson-Macevicz) ~nend the previous motion to include the following condition: Vehicular access to the storage parking lot shall be from the alley to the west only, with the exception of the carrier bringing the new cars in. Findings for the approval of the conditional use permit 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 property is currently being used as a storage yard by the applicant because of its close proximity to his automobile sales operation. The area is within the Parkin§ District and could logically become a parking lot to service the commercial use along Third Avenue. 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 proposed use is temporary and is not unlike adjacent land uses. C. That the proposed use will comply with the regulations and conditions specified in the Code for such use. The Proposed storage should comply with the temporary paving conditions. d. That the granting of this conditional use pem~it 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 - CONDITIONAL USE PERMIT - Approx. 997 W. Bay Blvdo (opposite San Diego ~as plant) - Operation of All-Terrain Vehicle Course for demonstration - Walter McClure dba All-Terrain Vehicle Co. Director of Planning Warren explained the request and pointed out the location of the property between Bay Boulevard and the Interstate 5 and between Moss and Palomar. He enumerated adjacent uses, which include industrial and residential uses. Mr. Warren reported that the staff recommends denial of the request due to dust and potential noise problems and because the property has the potential for higher intensity use. This being the time and place as advertised, the public hearing was opened. Mr. Walter McClure, owner of All-Terrain Vehicle Co., advised that he is not requesting this for an indefinite use, but for a period of 90 days, further -4- 9-21-70 that he does not propose to use all of the property, but approximately one-fifth of the area immediately adjacent to the Loga~ Wrecking Yard. He maintained that the vehicles to be demonstrated emit less noise than a power lawn mower or lawn edger; they are powered by 8 hop. engines wi th spark arrestors and efficient muffling systems. He further stated that they relieve the dust problem for their own benefit by oiling or wetting down the surface, He advised that they have used this property to demonstrate these vehicles for approximately a year with the owner's permission. Director of Planning Warren suggested that since information is being presented that was not made known to the staff prior to their recommendation, the question should be subject to further staff study. MS (Stewart-Macevicz) The public hearing for the conditional use permit for an All-Terrain Vehicle course be continued. Mr. McClure stated that to delay this for any length of time would be a hardship inasmuch as he has the land under lease for 90 days. He reiterated that he has used that land for almost a year, on week ends, to demonstrate these vehicles. The Chief of Police and several patrolmen have observed this demonstrating on week ends and have found nothing objectionable. Chairman Rice suggested that the Commission could give tentative approval of this request, subject to a review by the staff. Mr. McClure remarked it is their desire to establish a portable sales office on the site in order to consummate the sale immediately following a demonstration; at present they must return to their office in San Diego to consummate a sale. MSUC (Stewart-Hillson) Motion to continue the public hearing be withdrawn. The Chairman declared the public hearing closed. MSC (Adams-Hillson) Approval of the conditional use permit for a period of 90 Resolution PCC-70-27 days, subject to immediate review by the staff and if complaints are received within the 90 days the matter will be referred back to the Planning Commission. The motion carried by the following vote: AYES: Members Adams, Hillson, Stewart, Rice, James NOES: Member Macevicz ABSENT: Member Chandler Findings in support of approval 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 use is adjacent to a wrecking yard and Interstate 5 freeway, the entire area is zoned "I" General Industrial. 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 to improvements in the vicinity. -5- 9-21-70 Since the applicant has agreed to operate on the northerly 1/5 of the site for a period of 90 days, the use will not be detrimental. c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. The use will comply with the conditions specified by the Planning Commission. d. That the granting of this conditional use will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental agency. The General Plan indicates industrial use for this area. PUBLIC HEARING - VARIANCE - 719 First Avenue - Split lot into 2 parcels, rear lot to be served b.v 20' W~de easement - ~Edna M. Upde~raff Associate Planner Lee pointed out the location of the property, which fronts on First Avenue and is adjacent to Vallecito Way, a private road. It is the desire of the applicant to split the property which would result in over 7,000 square feet in each lot. Mr. Lee enumerated the conditions recommended by the staff for approval of this request; this included the applicant providing evidence that they have access rights to and over the easement known as Vallecito Way. This being the time and place as advertised, the public hearing was opened. Mrs. Edna M. Updegraff, 719 First Avenue, advised that she is prepared to get the access rights, that she has a letter from Mr. Whelan stating he will give access rights if the plans are acceptable to Mr. Bell, She raised a question about the T-type driveways and about the retaining wall stating that they planned to grade the lot down and plant succulents to keep it from washing. Mr. Ted Bell, 70 Vallecito Way, reported that he was involved with the initial development of this area and presently owns two lots on Vallecito Way, including the one adjacent to the applicant's property. He expressed his support of the application for development and would deed Mrs. Updegraff the narrow tip of his lot to give her access to Vallecito Way. He advised he is representing ~qr. Whelan, owner of the 20' easement road, and that he is willing to give her rights to the easement. Mr. George Miller, 80 J Street, testified that his lot on~ J Street is 232~ deep and abuts the side of the property proposed to be developed. He objected to having a house constructed on that lot, since the area was originally developed with very large lots giving each resident ample space and privacY. Mrs. Virginia Miller, wife of George Miller, added her protest to having a house built on the portion of the lot abutting their own rear yard. There being no further comment, for or against, the public hearing was closed. -6- 9-21-70 MSUC (Stewart-Adams) Approval of a variance for 719 First Avenue to permit Resolution PCV-70-26 a lot to be served by a 20' wide easement, subject to the following conditions: (1) The applicant shall provide the staff with evidence that they have access rights to and over the easement known as Vallecito Way. (2) A parcel map executing the lot split shall be filed with the Engineering Division. (3) ~e driveway design for Lot B shall be subject to staff approval. (4) Two guest parking spaces shall be provided on Lot B. (5) A roll type curb shall be installed along Vallecito Way on the southern property line of Lots A and B in areas not so improved at this time. (6) A retaining wall shall be installed along thelsouthern~proper~y line of.Parcels A amd B~.from~the edge'of~.the proposed, d~iveway.~ west as ~ar,oand in great enough height, as necessary to retain the existing bank. This requirement may be waived by the Zoning Administrator if grading on the subject property reduces or eliminates the bank or if the slope can be properly planted to assure stability. Findings are as follows: a. That a hardship peculiar to the property and not created by any act of the owner exists. There is no street frontage available at this time, and the lot is large enough to accomodate two lots. 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. There have been other similar variances granted in this area. Co That the authorizing of this variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this ordinance or the public interest. Subject to the conditions herein stated, there will be no detrimental effect. -7- 9-21-70 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 - 605 and 609 Woodlawn - Reduction of lot size 7~000 sq. fro to 5,000 sq. ft.~ frontage 60' to 50' - D.Pappa~ianis & P. Triantos Associate Planner Lee pointed out the location of the property at the southeast corner of I Street and Woodlawn. This area was at one time zoned R-3 which permitted construction of three houses on the lot; it was zoned back to R-1 several years ago because of the predominence of single family homes in the area. Most lots in the area contain 6,000 square feet. The staff recommends approval and because these are existing dwellings there are no conditions to impose. This being the time and place as advertised, the public hearing was opened. Mr. Gus Pappas, representing his brother and sister who own the two 50' parcels, spoke in support of the application. He reported that his father had previously owned all three houses and at his death had left each house to a different heir, thus necessitating the lot split. There being no further comment, for or against, the public hearing was closed. MSUC (James-Macevicz) Approval of a variance for reduction of lot size Resolution No. PCV-70-27 and frontage for 605 and 609 Woodlawn. Findings are as follows: a. That a hardship peculiar to the property and not created by any act of the owner exists. The situation was created some time ago and was in conformance with the zoning ordinance at that time. 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. The lot size is substantially the same as many lots in this area. 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. This land use has existed for many years, and the proposed lot size would be compatible with the area. d. That the granting of a variance will not be contrary to the objectives of -8- 9-21-70 the General Plan. The General Plan is not affected. SUBDIVISION (Cont.) - Holida.v Estates Unit No. 6 - Revised tentative map Director of Planning Warren pointed out the location of subdivision, south of Tamarindo Way, proposed for development with attached single family homes. He reviewed the previous problem concerning a second access to this area, and displayed two plans for development. One plan depicted a cul-de-sac design and the other loop street system. Chairman Rice commented on the traffic problem and the on street parking problems with either plan due to the heavy concentration of homes in the area, and questioned the developer about the second access road. Mr. John Morgan, of Jafro, Inc., reported that development of the loop street design requires a retaining wall to hold the bank and it would not be feasible to put a street through. MSUC (Iqacevicz-Hillson) Recommend to City Council approval of revised tentative map for Holiday Estates Unit No. 6 subject to the following conditions: 1. The developer shall obtain a letter granting permission from the adjacent property owner for the diversion and concentration of drainage at the outlet end of the storm drain in Lot 312. 2. The two sewer stubs in front of Lots 353 and 352 shall terminate at a manhole. 3. The developer shall submit a site plan showing location of units on Lots 327-28 prior to submission of final map. 4. The following landscaping plans shall be approved by the City Landscape Architect prior to the filing of the final map: a. A coordinated landscape plan for all front yard and exterior side yard areas; front yard landscaping to be installed by the subdivider. b. A landscaping screen adjacent to the w~lkway to the school, park site, and parking bays. (Note: Specimen trees should be used at each corner adjacent to the parking bays - 4 trees.) c. Slope planting as follows: (1) Slopes less than 6' (vertical height) shall utilize -9- 9-21-70 fine leaf ice plant such as mesembreanthemum croceum or rosea. Substitutions may be considered by the staff. (2) Slopes 6' to 15' shall utilize the fine leaf ice plant as in (1) on the top 6' with the balance to be planted with carpobrotus edulis. Substitutions may be considered by the staff. (3) On all slopes greater than 15' add to item (2) one shrub or tree per 150 square feet of slope area, 1 gallon size minimum, to be selected by a landscape architect for deep rooting qualities as well as aesthetic values. (4) All slopes exceeding 10' in height shall be watered by a sprinkler system controlled by a valve located on the lot to be sprinkled. PUBLIC HEARING (Cont.) - VARIANCE - Holida~ Estates Subdivision, Unit No. 6 Fence'setback, projection into side ~ard and offstreet parking Jafro, Inc. Associate Planner Lee enumerated the requests which included reduction of side yard of corner lots from 10' to 5' for construction of a fence, to allow a 3' projection of the roof to encroach into the side yard, and reduction in offstreet parking requirement from a 2 car garage to an overall ratio of l-l/2 garages per unit, He pointed out that with additional parking bays as shown on the revised map there should be sufficient parking. He recommended that if this variance request is approved a condition be added that exact details of the fence location and design shall be approved by the staff. This being the time and place as advertised, the public hearing was opened. Mr. John Morgan, Jafro, Inc,, reported he was present to answer any questions. Mrs. Kathryn Moore, 1134 Tobias Drive, asked where these homes get their fire protection and expressed the opinion that the new development in the southern part of the City is at too high a density and there is a tendency to make all housing for low income groups in this area. She felt this is developing a terrific traffic problem for that area. She expressed objection to the attached single- family type of development. Member Hillson pointed out that the cost of a nice large R-1 lot puts the price of a new home out of the reach of some families, and a better home can be provided at a low cost if it is placed in a smaller area, In answer to the question of fire protection, City Engineer Gesley pointed out that as the need arises the Fire Department builds the needed stations. There being no further comment, the public hearing was closed. -10- 9-21-70 Chairman Rice requested that the Director of Planning set a workshop meeting to consider the attached single-family concept. MSC (Adams-Stewart) Approval of variance request for Holiday Estates Resolution PCV-70-24 Unit No. 6 on fence setback, overhang and parking requirements, subject to the following condition: Exact details of fence location and design to be approved by the Planning Department staff. Findings are as follows: ao That a hardship peculiar to the property and not created by any act of the owner exists. Setback. Because of the orientation of the units and the minimal lot sizes, full utilization of available lot area is required. Overhan~ and projection. A zero setback is already existing on one side. so a wide overhang or projection is required to architecturally balance the units. ~c Strict application of the Zoning Ordinance would make it al to develop these units in the lower price range. 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. Setback. A similar variance was granted to Holiday Unit No. 5. Overhand and projection. Same as above. Parking. Same as above. 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. Setback. The fences will be set back from all intersections a sufficient distance to prevent any detrimental effect from the variance. Overhand and projection. The overhand and projection represent a small percentage of the side yard area. the light and air for the units are not materially affected. ~t Subject to the design of the subdivision there will be adequate and onstreet parking. d. That the granting of a variance will not be contrary to the objectives of the General plan. The General Plan is not affected. -11- 9-21-70 The motion carried by the following vote: AYES: Members Adams, Stewart, Hillson, Rice and James NOES: Member Macevicz ABSENT: Member Chandler Request for waiver of underground utility - 328 Twin Oaks Avenue - G. Gilbert Associate Planner Lee read the request received from Glenn Gilbert and a letter received from San Diego Gas & Electric Company which pointed out that the area is served from an overhead distribution system and underground facilities would result in duplicate and parallel distribution facilities. The staff recommends approval of the request for waiver. MSUC (Macevicz-Adams) Request for waiver of underground utilities at 328 Twin Oaks Avenue be granted, Request for extension of time on Variance #69-49 - Calle Mesita - D. Green The staff recommended approval of the request with a modification of the require- ment for driveway turnaround. MSUC (Macevicz-James) Approval of one year extension of time on variance granted to Daniel Green for development of four lots. Report - Request for Moratorium on development along Telegraph Canyon Road/ Ota~v Lakes Road Director of Planning Warren referred to the written report submitted to the Commission and suggested that a public hearing be scheduled to consider development standards; a possible hearing date would be October 19, 1970. MSUC (Stewart-Hillson) A public hearing be set for October 19, 1970, to consider development along Telegraph Canyon Road/Otay Lakes Road. Director's Report Planning Director Warren reported that Mr. Lu Quinney, who worked with the Department all summer on the Tidelands Background Study, as a requirement for a research course at San Diego State would be available to the City to conduct whatever project we deem appropriate and as acceptable to his instructor. This would be on an internship basis and would probably require no salary other than some expenses. He asked for suggestions from the Commission as to a good subject for research in the planning field. The Commission suggested: Development along Telegraph Canyon Road/Otay Lakes Road, increased density in the City, north-south roads running through -12- 9-21-70 Rancho Bonita, survey of possible areas available to Chula Vista for expansion and the problems facing the city in acquiring these or their annexing to the City, potential industrial sites for future development to the south and east, in connection with housing study (attached single family dwelling) research some other communities and maybe go into national tr.nds. As a second item of his report, the Planning Director recommended a workshop meeting for October 12, The Commission concurred, and the City Attorney confirmed this is a legal date inasmuch as it is now a floating holiday and the City offices will be open for business. ORAL COMMUNICATIONS Kathryn Moore, 1135 Tobias, South Bay Citizens Planning Committee, expressed her thanks to the Commission and staff for the work on the Telegraph Canyon/ and Otay Lakes Road report. She advised that at the hearing of October 19 they are preparing a study including slides and pictures which they will present at the hearing ADJOURNMENT MSUC (Macevicz-Hillson) Motion to adjourn at 9:55 p.m. to the meeting of September 28, 1970. Respectful ly submitted, Helen S. Mapes Secretary