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HomeMy WebLinkAboutPlanning Comm min 1970/03/16 MINUTES OF A REGULAR ADJOURNED MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA March 16, 1970 The regular adjourned meeting of the City Planning Commission was held on the above date beginning at 7 p.m. in the City Council Chamber, Civic Center, 276 Guava Avenue, with the following members present: Rice, Stewart, Macevicz, Chandler, James, Adams, and Hillson. Also present: Director of Planning Warren, Associate Planner Lee, City Attorney Lindberg, and Assistant City Engineer Gesley. APPROVAL OF MINUTES MSUC (Chandler-Adams) Minutes of the meeting of March 2, 1970 be approved, as mailed. PUBLIC HEARING: (Continued) REZONING - Property east of Nolan Avenue between East Oneida and East Palomar Street (5 1/2 acres) from R-1 to C-N - Poutous Development Corporation and Bible Baptist Church of Chula Vista Director of Planning Warren stated that the applicant's representative is present to request a continuance of this item. Mr. Cliff Burford, Planning Consultant representing Poutous Development Corpora- tion asked for a 30-day extension of this public hearing. He explained that they are undertaking a precise plan development for this property. MSUC (Stewart-Macevicz) Public hearing on this matter be continued to the meeting of April 20, 1970. PUBLIC HEARING: (Continued) CONDITIONAL USE PERMIT - Southeast corner Oneida Street and Nolan Avenue - Request permission to construct a church (1.17 acres) in an R-1 zone (proposed C-N zoning) - Bible Baptist Church of Chula Vista PUBLIC HEARING: VARIANCE - Request for reduction of setback (side yard) 20' to 15' and for location of church on local street in an R-1 zone - Bible Baptist Church of Chula Vista Director of Planning Warren submitted a plot plan noting the location of the church site, the adjacent land use and zoning. The property is included in the request for rezoning to C-N, and a variance request has been filed to permit the location of this church on a local residential street. These two items can be heard together. Although the original tentative map on this subdivision has expired, the Commission can consider these requests for the church as it will have little effect on the adjacent resident use. Although not located on a collector street, its proximity to Palomar Street (within 200' of Palomar Street), the staff finds that the use is not objectionable and is, therefore, recommending approval of the conditional use permit subject to conditions including parking, landscaping, and the north door, adjacent to Oneida Street, being used for emergency ~se only. 2 Director Warren then discussed the request for the reduction of setback commenting that the full street in this vicinity has not yet been dedicated by the land owner. He noted the area left in private ownership and stated it would have to be dedicated for street purposes. This would place the building too close to the curb; therefore, a condition should be added that "sufficient land along Oneida on the north side of the property (south side of Oneida) be dedicated for street right-of-way as required by the Division of Engineering. The setback for the building would then have to conform to the ultimate dedication." Chairman Rice questioned whether the church had ample parking if the requested landscaping were provided. Director Warren felt that the parking would be redesigned - there are places where tree wells can be placed that would not affect parking. This being the time and place as advertised, the public hearing was opened. George Pool, Pastor of the Bible Baptist Church, stated they are the owners of the entire parcel as shown on the plot plan. He added that he is in agreement with~all the conditions as outlined by the Director of Planning. As to the street dedication, Mr. Pool explained that the owner of the subdivision, Mr. Dennie Wittman, has assured him that this would be completed by the last part of June - this will be done whether or not they build. Mr. Charles Johnson, Monterey Court, San Diego County for Retarded Children, and owners of the property to the west, stated they wish to go on record as favoring the proposal. There being no further comments, either for or against, the hearing was declared closed. Member Adams discussed the proposal to include this property in the request for C-N zoning. He stated that if this persists, he would not be in favor of it; he feels it should be left in the R-1 zone since the Commission has more control over it. Member Stewart commented that any conditions imposed on this church tonight will remain regardless of the zone in which it is in. Director Warren pointed out that if the adjacent area is zoned commercial, then the wall to the east and south would not be required. MSUC (Chandler-Macevicz) Approval of the conditional use permit for the con- struction of a church, subject to the following conditions: 1. The parking lot shall be redesigned to accommodate greater aisle width in accordance with ordinance requirements. 2. Additional landscaping shall be provided by increasing the width of the Nolan Avenue screen and addition of interior landscaping. 3. The north door, adjacent to Oneida Street, shall be for emergency use only. 3 4. Ail conditions of Section 33.1313, subsection 10 of Section 33.901, and the Landscape Manual shall be complied with. 5. A variance to ~llow location on a local street shall be granted, or another location shall be proposed. 6. A zone wall shall be required on the eastern and southern property lines unless the adjoining property is rezoned from R-1 to C-N prior to construction of the church. 7. Sufficient land along Oneida on the north side of the property (south side of Oneida) be dedicated for street right-of-way as required by the Division of Engineering. The setback for the building would then have to conform to the ultimate dedication. The applicant should contact the Planning Department for detailed requirements prior to submission of a building permit. Findings be 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. This location, close to Palomar Street, will provide good service and access to both sides of Interstate 805. 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 adjoining land uses and their orientations are compatible with the use. Future development in this area can be compatible also. c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. Subject to the stated conditions, the use will comply with all regulations. 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. MSUC (Adams-Macevicz) Approval of the variance request for the reduction of setback from 20' to 15' and for the location of the church on a local residential street, subject to the following conditions: 4 1. Those conditions as stated on the Conditional Use Permit Resolution No. PCC-70-5. 2. The dedication of Oneida Street as required by the Division of Engineering; such 15' setback shall be established from the final right-of-way line. Findings be as. follows: a. That a hardship peculiar to the property and not created by any act of the owner exists. Location on local residential street: Because of the orientation of dwelling units in the area, strict application of the Zoning Ordinance would create a hardship for this property and use. Reduction of front yard: Additional dedication is required on Oneida Street, making a 20' setback impractical. 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. Location on local residential street; There are similar public institu- tions in the area that are not located on a collector or thoroughfare. Reduction of front yard: A 15' yard is standard for R-1 areas now developing and the north side of Oneida enjoys a 10' setback. c. 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. Location on local residential street: The intent of the ordinance is being upheld by this variance and there will be no detrimental effect. Reduction of front yard: 15' setbacks will be utilized for future development to the east; therefore, the setback will conform to the area. d. That the granting of a variance will not be contrary to the objectives of the General Plan. The General Plan will not be affected. 5 PUBLIC HEARING - REZONING - 1087 Del Mar Avenue and properties on east side of Del Mar AVenue in 1000 block - R-2 to R-3 - R. Lee, Lila Childs, et al Director of Planning Warren submitted a plat of the area noting the lots in question, the adjacent land use and zoning. Eight parcels of land are requested for rezoning from R-2 to R-3, and since there are 12 lots in this block, the staff has added the remaining 4 parcels to this public hearing. Both the existing and revised General Plan show this area as medium density residential. There is some potential problem in trying to develop the lots singly, and perhaps any development that would occur on this street should be subject to lot consolidation. High density apartments have been built adjacent to and north of this street; however, because of the adjacent single-family resi- dential development, the Commission may wish to consider the attachment of the "S" District to this zone which would limit the height of the buildings. The staff recommends that the setback be established at 15' as provided in the ordinance for the R-3 zone. Director Warren added that this is one area which the staff notes as a problem area, and the recommendation can go one way or the other. The use in the area is predominately R-I, and the Commission must assure themselves that it can be developed logically as multiple-family. Member Stewart questioned whether they could rezone this with the site plan requirements attached. Director Warren remarked that some of the lots do not conform to the present lot standards for R-3 and they probably should be combined - two or more lots. City Attorney Lindberg stated the Commission can attach the Precise Plan or subdivision map requirement, but this does become a critical issue when it is felt that some of the lots do not lend themselves to development on an individual basis of the terms of the zone in which the Commission intends to place them - yet the lots themselves are legal lots. The Commission may wish to impose this condition allowing this to become effective on a future date, or simply delete from the plan those lots which do not lend themselves to development. Mr. Lindberg felt the requirement for the precise plan or even a parcel map would be more appropriate. This being the time and place as advertised, the public hearing was opened. Mr. Robert Childs, 1087 Del Mar Avenue, one of the applicants, stated he now has a small lot, but in the future, he may build this up to two or three lots and then build a large apartment complex. It is for this reason that they want the entire street rezoned. Mr. Childs discussed the lack of public facilities (sewer, sidewalk, curbs, etc) on this street. He added he does not object to having the height limitation imposed on the rezoning. Mr. G. K. Hayes, 1053 Del Mar Avenue, stated it is an excellent idea to have this area rezoned - if they have the apartments on the west side and on the east side only the small single-family homes are allowed to remain, then you have a "lop-sided" street." These small lots can be acquired by someone else who will consolidate them and put in a large apartment building. Member Chandler questioned whether there were any immediate plans for an apartment building. 6 Mr. Hayes declared there was not - they are merely requesting the rezoning so that someone else can come in and build. There being no further comments, either for or against, the hearing was declared closed. Member Adams stated he can see no future for this street except multiple-family development; it is a good place for apartments. The Commission should, however, consider the precise plan feature. Member Chandler asked if the Commission did rezone this R-3, then they would have no control over any development provided they meet the ordinance require- ments. Director Warren answered that it would depend on how the ordinance is written. He would suggest that if the Commission determines that they do want to recom- mend approval of this rezoning, they continue the matter for one week to allow the staff sufficient time to prepare a separate ordinance for this. Member Stewart commented that there was no difference between the lots on the west or east sides - on the east side, they can attach the "S" Modifying District limiting the height of the buildings to two stories. The Commission agreed that this would be the course of action to take. RESOLUTION NO. PCZ-70-F Resolution of the City Planning Commission Recommending MSUC (Stewart-James) to City Council the Change of Zone for the East Side of Del Mar Avenue in the 1000 block and Setbacks to be Established at 15' Findings be as follows: 1. Although the General Plan designates medium density residential development for this area, high density apartments have been built adjacent to and north of this street. Therefore, rezoning this property to a high density (R-3) would be an acceptable extension of this pattern. 2. The west side of Del Mar Avenue is presently zoned R-3, and the proposed rezoning would create a more logical zoning pattern in this block. 3. There should be no adverse effect upon the single family homes to the south and east because of the isolation of this street and its relationship to adjacent single-family use. PUBLIC HEARING - CONDITIONAL USE PERMIT - 55 Broadway - Used car and camper sales - C-T zone - Otis and Patsy Davis Director of Planning Warren submitted a plat of the area noting the property in question, the adjacent land use and zoning. The applicants are requesting permission to locate a used car and camper sales facility in front of their existing body shop business at the southeast corner of Broadway and Mclntosh Street. There is some concern about what is being proposed. The size of the site is limited; most of the site will be required for the body shop and offstreet parking spaces will have to be reserved for that use. The staff is recommending approval with the following conditions: (1) existing trees be maintained; (2) trash container be provided; (3) 10 additional offstreet parking spaces be provided. 7 This being the time and place as advertised, the public hearing was opened. Mr. Otis Davis, 55 Broadway, the applicant, questioned the need for the 10 additional parking spaces. He maintained he has ample parking around his lot. Director Warren explained that the staff based this need on observation of the number of cars that were on this lot. They feel the total project would involve 17 offstreet parking spaces. Mr. Davis declared that most of the cars observed by the staff were parked illegally on his lot: some park there to go next door to Cheeley's, some to the used car dealer adjacent to the south, etc. They are not there because of his particular business operation. He has only two employees working there and does not plan to hire anyone else to take care of the new business - they will do this themselves. Member Macevicz asked how many cars they could work on in one day. Mr. Davis stated that would depend on the work to be done - it could be three cars or possibly ten. There is room for 7 cars in the back of the building. Chairman Rice commented on Mr. Davis' plans not to hire a salesman - this may be true today; however, tomorrow he may have three salesmen. Director Warren remarked that it would not now be possible to determine the exact number of spaces the applicant needs - he asked that this be left to the approval of the staff. There being no further comments, either for or against, the hearing was declared closed. Member Stewart commented that he has observed this site on two different occasions and has never seen the need for ten spaces at any one of those times. He added that 17 spaces is unrealistic. The Commission briefly discussed this aspect and concurred with Member Stewart. MSUC (Chandler-James) Conditional use permit be approved subject to the following conditions: 1. Existing street trees shall be maintained in conformance with the City Landscape Manual. 2. An enclosed trash container shall be provided on the site. 3. A resurvey shall be made of the parking space requirements; such parking shall be subject to the approval of the Planning Department. 8 Findings be 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 proposed use will be in conformance with the various used car lots, garages and auto parts businesses existing on Broadway. 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 will not be detrimental to the health, safety or general welfare in view of the conditions imposed on the applicant. c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. The proposed use will comply with the regulations and conditions in the Code for such use. 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, as adopted by the City of Chula Vista, will not be affected by this proposed use. PUBLIC HEARING - Modification of conditions on variance - 621 L Street - Imperial Truck Lines Director of Planning Warren stated he has received a letter from a Mr. Robert Hancock, attorney for the Imperial Truck Lines, requesting that this item be continued until May 4 or May 18, It is the opinion of the staff that this request should be granted. City Attorney Lindberg stated that Mr. Hancock called his office explaining the need for the continuance. He told him that Mr. Magness, the President of the business, is recovering from a heart attack, and he also, would like to be present at the hearing to explore all the ramifications of this operation. MSUC (Macevicz-Adams) Continue this public hearing to the meeting of May 4, 1970. There was no representation made from the audience to the request for continuance. 9 PUBLIC HEARING - CONDITIONAL USE PERMIT - North side of Telegraph Canyon Road~ one-half mile east of intersection with Otay Lakes Road - Development of a mobile home park in an R-1 zone - Allied Contractors, Inc. Director of Planning Warren reported that the staff received a letter from a Mr. N. Randall of Bollenbacher & Kelton, requesting that this matter be continued for 30 days. There is a difference of opinion as to where the County route should pass through this property, if at all. There is also a subdivision map to be considered, so with this in mind, the staff is recommending the extension. MSUC (Adams-Chandler) The public hearing on this item be continued to the meeting of April 20, 1970. SUBDIVISION - Vista Loma Verde - Tentative Map Director of Planning Warren stated that this item will be placed on the agenda at a later time. Discussion of Home Occupation Permit - 536 McIntosh Street - Cabinet Shop - R. J. Kelley Director of Planning Warren reported that an application has been received from a Mr. Kelley requesting permission to operate a cabinet shop as a home occupation at his home. The ordinance states that home occupations shall not use motors of more than one horsepower or its equivalent unless authorized by the Planning Commission, and that the use shall not create a nuisance by reason of noise, vibration, electrical interference, or other causes. In reviewing this request, the staff is aware of the fact that sometimes these hobbies can reach large proportions, and based on the information received, the staff felt it would be inappropriate to grant this and have,therefore, brought it before the Commission. The Chairman asked if Mr. Kelley or his representative was in attendance. It was noted that no one was present to represent this request. The Commission concurred that this type of operation should not be allowed as a Home Occupation. MSUC (Adams-Macevicz) Denial of home occupation permit for a cabinet shop at 536 McIntosh Street. Approval of Princess' Orange Avenue Annexation Director of Planning Warren submitted a map noting the area requested for annexation as 15.04 acres along both sides of Orange Avenue beginning approximately 660' west of Melrose. The property has been prezoned R-i, R-3-G and C-N. The Local Agency Formation Commission has approved the annexa- tion, and it is the staff's recommendation that the Commission recommend approval. Since there is 100% consent, no public hearing is required by the Council. MSUC (Stewart-Macevicz) Recommend approval of the Princess' Orange AVenue Annexation. 10 To be set for hearin$ - Proposed changes in Industrial Zones Director of Planning Warren stated this has been discussed at a workshop session and the staff has prepared a new industrial zone called "I-L" zone. It is now suggested that this matter be set for hearing for April 6. Member Adams questioned listing trucking terminals as a permitted use in the "I-L" zone. He understood this was to be subject to a conditional use permit. Director Warren stated he will make that correction. MSUC (Chandler-James) Public hearing be set for April 6, 1970. Resolution of Consent to the Dissolution of the San Diego County Planning Congress Director of Planning Warren referred to the report from the San Diego County Planning Congress which tabulated the results of a questionnaire to which each city replied. As recommended by this Commission, the decision was to dissolve the Congress and a resolution has now been provided for this action. The staff recommends adoption of this resolution. MSUC (Stewart-Adams) Adoption of the resolution to dissolve the San Diego County Planning Congress. Director's Report Director Warren reported that he and Mayor Hyde attended a presentation at Rohr of their Master Plan. Rohr will be presenting this to the Port District on Tuesday. From what they could observe, what they propose will not interfere with our General Plan, even as it is revised. This is for the area covering the tidelands. ADJOURNMENT MSUC (Chandler-James) Meeting be adjourned to the meeting of March 23, 1970. The meeting adjourned at 8:20 p.m. Respectfully submitted, yJennie M. Fulasz, Secretary