HomeMy WebLinkAboutPlanning Comm min 1970/01/19 MINUTES OF A REGULAR ADJOURNED MEETING OF THE
CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA
January 19, 1970
The regular adjourned meeting of the City Planning Commission was held on the
above date beginning at 7 p.m. in the Council Chamber, Civic Center, 276 Guava
Avenue, with the following members present: Rice, Stewart, Macevicz, Chandler,
Adams, and Putnam. Absent: None. Also present: Director of Planning Warren,
Associate Planner Manganelli, City Attorney Lindberg, and Assistant City
Engineer Gesley.
APPROVAL OF MINUTES
MSUC (Adams-Macevicz) Minutes of the meeting of January 5, 1970 be approved,
as mailed.
PUBLIC HEARING: (Continued) CONDITIONAL USE PERMIT - 340 Fourth Avenue - Use of
lot for additional parking for medical center in R-3 zone - MEDPAR
Director of Planning Warren submitted a location plat noting the area in question,
the adjacent land use and zoning. He explained that this item was continued from
the last meeting because there was a question as to how the parking would be
accommodated. The applicant has submitted a plan showing a revision to the
original layout. The plan is dependent upon a variance for which the applicant
has filed and will be before the Commission at the next meeting; this is for the
reduction of front yard. The staff is satisfied that what has been proposed can
be accommodated. If the variance is not granted, then the applicant wouldhave to
revise this parking layout. T~e question is the use of land--this property is
zoned R-3 and they are requesting permission to use it for a parking lot. The
staff recommends approval subject to the parkway being filled with concrete, as
required by Engineering Division, and landscaping for the area be subject to
staff approval.
Member Macevicz questioned the reason why the applicant had not obtained a permit
for all the grading work he did.
Director Warren explained that no permit was required because of the minimum
amount of fill that was put in there, and paving can be done without a permit. It
is when this paving will be used for a certain construction purpose that it must
conform to city specifications.
This being the time and place as advertised, the public hearing was reopened.
Mr. Fred Michaud, property manager for Doctor's Park, 530 B Street, San Diego,
explained that he did consult with the Engineering Division about a grading
permit but was informed that none was needed for the amount of work proposed.
Mr. Michaud stated that they agree to all the conditions.
There being no further comments, either for or against, the hearing was declared
closed.
MSUC (Chandler-Putnam) Approval of the conditional use permit for the use of
the lot for additional parking for medical center, subject to staff approval.
Findings be as follows:
1. 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 additional parking will alleviate peak hour congestion at Doctors'
Park, much of the current off-stie parking will be eliminated.
2. 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 only access to this parking area will be from within Doctor's Park, the
traffic on the public right of way will not be affected. There is ample
separation between the parking area and the residential areas to }rovide
adequate screening.
3. That the proposed use will comply with the regulations and conditions
specified in the Code for such use.
All regulations shall be complied with.
4. 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 granting of this conditional use permit will not affect the General
Plan.
PUBLIC HEARING - REZONING - 609-611, 616 Oaklawn Avenue and 694 '~I" Street -
R-1 to R-3 Guy Farman, et al
Director of Planning Warren submitted a plat noting the properties in question,
the adjacent land use and zoning. The applicants are requesting rezoning from
R-1 to R-3 and reduction of setbacks from 25' to 20' on "I" Street and from 20'
to 15' on Oaklawn Avenue. Approximately 10 years ago, this area was rezoned
from R-3 to R-l; however, the General Plan designates this area as high density
residential. Director Warren noted the sign company and machine shop on this
property and commented that these uses are non-conforming and have exist6d there
for a number of years; they will ultimately be abated. A change in zoning to
R-3 could eliminate these uses at an earlier date. The staff recommends
approval of the request.
This being the time and place as advertised, the public hearing was opened.
Director Warren remarked that two letters have been received--both from a
Mr. Hoffman at 615 Jefferson Street, protesting the request.
Mr. Fran Burger, one of the applicants, stated it would not be feasible to
build a single-family home on this vacant parcel~he proposes to construct 4 units
here. The property owners across the stmeet have indicated their intentions to
build apartments on their land also,perhaps in two years or more. He commented
that he is owner of the sign company.
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There being no further comments, either for or against, the hearing was
declared closed.
The Commission expressed their opinions that the proposed zone change was
a good one as it would encourage a redevelopment of the area.
RESOLUTION NO. 610 Resolution of the City Planning Commission Recommending
MSUC (Putnam-Chandler) to City Council a Change of Zone from R-1 to R-3 for
Properties at 609-611, 616 Oaklawn Avenue and 694
Street
Findings be as follows:
1. The General Plan, both existing and revised, designates the properties
as high density residential.
2. While the remainder of the neighborhood is not ready for redevelopment
to a higher density residential use at this time, the subject parcels are of
a different character by virtue of their improvements and can be redeveloped
without apparent detriment to the neighborhood.
3. Voluntary abatement of the nonconforming uses on a portion of the subject
property will be encouraged.
4. A multifamily use (mobile home park) presently exists across "I" Street
from the subject property.
5. The setbacks proposed meet or exceed minimum setbacks required by the
Zoning Ordinance.
PUBLIC HEARING - VARIANCE - 639-641Chula Vista Street - Request for reduction
of front Nard from 15' to 5' - Ralph Horman
Director of Planning Warren submitted a location plat noting the property in
question. He also passed around a colored photograph of the house showing the
area that is proposed for enclosure. The existing setback requirement is 15'; the
structure is nonconforming because of its 10'6" setback, and the unenclosed
porch projects an additional 5'6". This would leave only 5' to the front
property line. Director Warren commented that the purpose of required setback
is to regulate the location of structures and the amount of open space about
them. This particular area has a proliferation of nonconforming setbacks.
The staff feels it would not be in the best interest of the neighborhoo~of the
city to encourage further nonconformance with the setback provisions of the
ordinance. Since this particular request would encroach over 2/3 of the
setback requirement, the staff is recommending denial of the request; there is
no justification to granting the variance to authorize this encroachment.
This being the time and place as advertised, the public hearing was opened.
Mr. Ralph Horman, the applicant and owner of the duplex, stated his intention
was to make this into a living room area. He remarked that other homes along
this street are closer to the property line than his home is.
There being no further comments, either for or against, the hearing was declared
closed.
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The Commission discussed the fact that there is an existing slab in this
setback area which is what the applicant plans to enclose. Member Adams
commented that anything floor level or below is not subject to the setback
requirements. The only question would be encountered here would be whether
or not the slab meets the building regulations. He felt it would be out of
line for them to approve this request.
MSUC (Adams-Stewart) Denial of the request based on the following:
1. Granting of the variance would be of substantial detriment to the adjacent
property owners and development of this sector of the City, and
2. It would, with no apparent justification, impair the stated purpose of the
Zoning Ordinance and the public interest.
The applicant was advised of his right to appeal this decision to the City
Council within 10 days.
PUBLIC HEARING - VARIANCE - 475 H Street - Request for reduction of front yard
from 25' to 10' for Farrell's Ice Cream Parlour - Big Apple
Shopping Center
Director of Planning Warren submitted a plat of the Big Apple Shopping Center
noting the location of the proposed Farrell's Ice Cream Parlour. The applicants
are requesting a reduction of front yard from 25' to 10' along Fifth Avenue for
the construction of this building. The building is approximately 60' x 85' with
a 10' porch across the front of the structure; it is their standard building.
This w~uld be the only building that would encroach into the setback along this
area. Director Warren noted the setbacks in this area, and commented that because
of the unusual stretch of frontage along this street, the 25' setback is unnecessary,
as far as one building is concerned and 10' is adequate for landscaping. The
staff recommends that the porch be set back 10' from the front property line
and the remaining portion of the building be set back 20'. The freestanding
sign will encroach into this area; the location has not been set, however.
There is a provision in the C-C zone that allows this providing the sign does
not overhang the property line.
This being the time and place as advertised, the public hearing was opened.
Mr. Cliff Burford, Planning Consultant of 8905 La Mesa Boulevard, La Mesa, stated
the porch area is not a necessary part of the building but a public convenience.
The reason for the variance is to have the front door 20' from the property line
instead of 30' - a matter of convenience for the public. Mr. Burford discussed
the proposed landscaping - they will work with the staff on this. He then noted
that the service area for the business will be on the east side.
The Commission questioned whether the service area will project into the traffic
lane.
Mr. Burford indicated that the service area will be an enclosed 8'xlO' area on the
back of the building, and it is so situated that service trucks will not inter-
fere with the moving traffic along this lane.
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The Commission discussed the deteriorated landscaping in the shopping center.
Mr. Burford explained that the contractor had used weed killer when he paved
the lot, and this has permeated 8" to 10" into the soil. They have had two
soil analyses made, and they now feel that as soon as the weather warms up a
bit, they can go ahead and replant the area.
Chairman Rice stated the Commission is concerned about the landscaping of this
Center; he hopes that they will put in some large plants to give it a semblance
of greenery.
There being no further comments, either for or against, the hearing was declared
closed.
Member Macevicz felt the service area could be put on the north end of the
building with a loss of but one to two parking sp~ces. Member Adams commented
that he felt the location of the proposed building was the ideal one, and
the service area was so situated that it would not be in the driveway lane.
Also, since there is an established setback of 10' across the street, he could
see no reason to deny this request.
MSUC (Chandler-Putnam) Approval of the variance request: the unenclosed porch be
set back 10' from the front property line, and the remaining portion of the building
be set back 20'.
Findings be as follows:
1. That a hardship peculiar to the property and not created by any act of the
owner exists.
To locate an adequate sized building on the site with a sufficient area
for parking, circulation, loading, landscaping, and at the same time
maintain a 25' setback would be a hardship that is peculSar to the site.
2. 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 are other properties in the vicinity that have similar setback
requirements.
3. 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
of the public interest.
Due to the large amount of open parking to the north, the amount of open
space adjacent to Fifth Avenue will not be materially affected.
4. That the granting of a variance will not be contrary to the objectives of
the General Plan.
The General Plan will not be affected.
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Request for extension of time on tentative map - Dalseth Hills, Units 6-7-8-9
Director of Planning Warren submitted the tentative map of this subdivision
which is located south of East J Street adjacent to Interstate 805.
Units 6-7-8 have been completed, but Unit 9 cannot be filed until J Street is
realigned and the ~eeway overpass is constructed. The staff, therefore, recom-
mends approval of the request.
MSUC (Macevicz-Adams) Recommend approval of a one-year extension of time.
Request for vacation of public right-of-way - 200 block of Sandalwood Drive -
Bonita Cove Subdivision
Director of Planning Warren explained that the City Council requires Commission
action in all requests for street vacations. He showed a plat of the requested
vacation and referred to the recommendation by the Director of Public Works
that the following street improvements be completed: Approximately 47' of existing
curb and monolithic sidewalk be removed and that all the curb and sidewalk be
installed on the new alignment; it may be necessary to adjust to grade the
existing manhole top to conform with any paving work needed to meet the lip of
gutter of the new curb. It will also be necessary to relocate a power pole and
anchor line.
Director Warren added that the staff recommends approval of this request subject
to the conditions outlined by the Public Works Department.
MSUC (Putnam-Chandler) Recommend to the City Council that the requested vacation
of public right-of-way be approved, subject to the recommendations of the
Public Works Department.
Request for vacation of portion of public right-of-way adjacent to Hilltop-
Telegraph Canyon Park site
Director of Planning Warren submitted a plat of the area noting the requested
street vacation. This request has come from the Director of Parks & Recreation -
the proposed use of this vacated street will be used for the expansion of the
adjacent park. The Division of Engineering recommends approval of this street
vacation, and the staff concurs.
MSUC (Adams-Putnam) Recommend to the City Council that the request for the
vacation of a portion of ri§ht-of-way of Hilltop Drive west of the improved
portion of Hilltop Drive at its intersection with Telegraph Canyon Road be approved.
To be set for hearing - C~ange of zone for both sides of H Street in the 300 BLOCK FROM R-3 to C-O
Director of Planning Warren reported that this action came about as the result of
a request to locate a dental office in this block. The staff felt there was no
way to do this without taking a look at the surrounding area. As noted in
the H Street Study made by the staff, C-O zoning is proposed for this area.
Mr. Warren submitted a platdelineating the area proposed for this zone change
and suggested a public hearing be called for February 16 to consider this item.
MSUC (Stewart-Chandler) Public hearing be called for February 16 to consider the
change of zone for portions of that property along both sides of H Street in
the 300 block.
Council Referral - Proposed Veteran's Memorial in Memorial Park
Director of Planning Warren explained that this was a referral from the City
Council as a result of a letter sent to the Mayor from Fred Gelsomini, Chairman
of the Chula Vista Veterans Coordinating Council in which they propose that a
Memorial in the form of a concert shell be constructed in Memorial Park. It
will be in the same location as the existing old building in the Park; that
building would be razed. The use seems appropriate and the staff recommends
that the Commission send its findings to the Council that the proposal will not be
in conflict with the General Plan. Mr. Warren added that the Commission would have
a chance to review the plans submitted for the memorial.
Member Stewart asked for comments by the Director of Parks & Recreation.
Director Warren stated he has not discussed this with Mr. Jasinek but a copy
of this report was forwarded to him also.
Member Stewart remarked that there is a question as to whether or not the building
would actually serve the needs for which it is intended.
Member Adams was concerned about the specific area - whether it was big enough
to accommodate enough people.
Director Warren claimed he would investigate this further; he reiterated that
the Commission would have the opportunity to review the plans and comment upon
them at that time.
MSUC (Adams-Putnam) Submit to the City Council the findings that the Planning
Commission finds that the location of the proposed Memorial in Memorial Park
will not be in conflict with the General Plan.
Director's Report
(1) Accommodation of knitting or weaving shops in commercial zones.
Director Warren explained that he had an inquiry from either an employee or
the owner of St. John Knits presently located at 276 F Street, as to whether or not
there was another site on Third Avenue that could accommodate this use. This
specific type of use is classified as industrial; however, it doesn't seem as
though it should be restricted to the industrial areas. At one time, they were
located in the dwelling next to Leader's Department Store on Third Avenue. The
question here is whether this type of use belongs in the C-B zone: it doesn't
contribute to the pedestrian traffic or bring customers into this retail area, and
it does necessitate some parking demands. The staff is inclined to suggest they
be located in the C-T zone or C-B zone subject to a conditional use permit.
8
The Commission discussed the industrial zones and the C-T zone. Member STewart
felt the C-T zone would be a logical place for this type of use, if it was
subject to conditional use permit. In this way, the Commission could take a look
at the surrounding area.
Chairman Rice reported it was the feeling of the Commission that this use could
logically be located either in the C-B or C-T zone subject to a conditional use
permit. He directed the staff to call a hearing on this matter.
(2) Discussion - Proposed meeting for review of the comments received at the
General Plan hearing
Director Warren explained that one hearing has been held on this matter and
another one is scheduled for February 9. He asked if the Commission wanted to
hold a workshop meeting to review the comments and testimony heard at this first
meeting.
The Commission stated they would prefer to wait until after the meeting of
February 9 and hear the additional comments.
(3) Discussion - Proposal to add the F Modifying Control District to the
remaining portions of the Sweetwater Valley Flood Plain within
the City
Director of Planning Warren discussed this matter stating that in the lower
Sweetwater Valley, they have added the F Modifying District in the area from
Edgemere Avenue (Interstate 805) west. The F-1 zone is the path of the flood
channel and the F Modifying District is in the area of the 50 year flood level.
In the case of subdivisions in the Valley, the Commission has the chance to
review these developments and place conditions upon them--for one ~uch subdivision
in the Bonita Valley, the Commission caused them to fill to 1' above the 50 year
flood level. On individual basis, there is no such control over individuals coming
in for apartments, commercial structure, etc. Recently, a building permit was
requested to construct a single family home on the triangular-shaped parcel south
of Sweetwater Road, west of Central Avenue. This building permit has been held
up to see how much fill the applicant proposes to put in there. He plans to put
in some amount of fill; however, the amount contemplated is not adequate. He
indicated that it was not necessary to fill to 1' above the flood level. In
view of this circumstance, the staff is asking the Commission to recommend to
the City Council the adoption of an emergency ordinance to attach the F Modifying
District to this property.
City Attorney Lindberg stated he met with the developer's representative, and
explained the procedure to him, and the legal right Of the City to withhold the
building permit until a study has been made. The developer wants immediate
action on this matter. Mr. Lindberg felt this could best be handled as an
emergency ordinance.
MSUC (Stewart-Chandler) Recommend to the City Council the adoption of an
emergency ordinance that certain property located adjacent to the Chula Vista
Municipal Golf Course on the south side of Sweetwater Road approximately 800 feet
west of its intersection with Central AVenue be rezoned from R-E to R-E-F.
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(4) Report on trip to San Francisco and Sacramento
Director Warren briefly discussed the two trips he and the City Attorney made
this past week: one to San Francisco regarding the availability of funds for
open space, and the other trip to Sacramento for a State hearing on annexations.
A report by the City Attorney concerning both trips was given to the Commission
for their review.
(5) Classifications of zones not in the ordinance
Director Warren reported that the Associate Planner, Paul Manganelli, inquired
about the legal interpretation of zoning classifications that may be in effect
and for which there is not a direct substitute in the zoning ordinance.
City Attorney Lindberg stated it was the intent of the Commission and Council
to go to the less restrictive zone rather than to increase the lot size. It
imposes too great a problem for a property owner to have 12,000 square foot
minimum lots to have to go to the 15,000 square foot minimum lots.
Mr. Warren remarked that subdivision plans are being made for that property
prezoned R-l-B-12 east of Otay Lakes Road on that property for which a
mobilehome park was requested at one time.
MSUC (Stewart-Putnam) The staff be directed to substitute the zoning classification
which most closely conforms to the density existing prior to adoption of the new
comprehensive zoning ordinance.
Chairman's Report
(1) Chairman Rice discussed the triangular-shaped parcel of the shopping center
at Telegraph Canyon Road and Nacion Avenue, currently zoned C-N. He suggested
some thought be given to rezoning this property to C-V, in order to be a con-
tinuation of that zoning immediately adjacent to it.
The Planning Commission directed no action at this time.
(2) Change in meeting night: Chairman Rice reported that the Council is currently
planning to change their meeting nights to Monday nights, as proposed by the
Administrative Office. He asked the Commission's feelings on the matter.
Member Adams remarked that the Council should be informed that the Commission
would not be happy over this proposal.
City Attorney Lindberg explained that the Council meets on Tuesday nights; the
Chief Administrative Officer holds a staff meeting on Wednesday mornings; then
they go into an agenda meeting on Thursday mornings to prepare again for Tuesday's
meeting. By moving the meeting night to Monday, this would give Administration
one more day to prepare for the Council meeting.
Each Commissioner in turn voiced his disapproval of the change.
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Director Warren remarked that if they do feel strongly about this proposal, they
shoul~have a representative at the Council meeting to voice this objection,
because he personally had no objection to the change.
The Commission felt a communication should be sent to the Council for the Chairman's
signature.
MSUC (Stewart-Chandler) A letter be written to the City Council, for the Chairman's
signature, stating the Commission's objection to the change of meeting night ,
and noting that the poll was taken and found that one member had a conflict of
interest.
3. League of California Cities Report: Disclosure of Assets
Chairman Rice discussed this new law (A.B. 325) which states that all elected and
appointed officials must make public disclosure of their financial interests and
holdings in any company, stocks they own, etc.
City Attorney Lindberg stated he will get a report out on this and sent it to
the Commission.
4. Gulf Station at Third Avenue and K Street
Chairman Rice reported that the pennants at this service station that have been
displayed for the opening are still up. He asked the staff to check into this.
Director Warren commented that he has received a report concerning service
stations from the Zoning Enforcement Officer; however, he hasn't had an opportunity
£o review it. He added he would look into this matter.
5. Utility Pole at Hilltop and Naples
Chairman Rice questioned the need for the utility pole at this location. Director
Warren stated the staff checked into this and the Gas & Electric Company told
them the pole was necessary to provide the underground service in this area.
Chairman Rice remarked that there must be a better way to provide this underground
service without having to put up utility poles.
Arb~'s Roast Beef Sign
Member Putnam commented that the problems concerning this sign were brought before
the Broadway Association, at their last meeting.
City Attorney Lindberg explained that a complaint has been filed againt the owners
of this business. They have to shut off the flashing lights on the 23rd; a hearing
has been scheduled for the 27th; but an extension of time will be given them so
that they may file for a re-appeal of the ordinance concerning this matter.
ADJOURNMENT
The Chairman declared the meeting adjourned. The meeting adjourned at 9:00 p.m.
spectfully ~ubmitte~,
~ Jennie M. Fulasz, Secretary ~/