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HomeMy WebLinkAboutPlanning Comm min 1973/09/26 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA September 26, 1973 The regular meeting of the City Planning Commission of Chula Vista, California, was held on the above date beginning at 7:00 p.m. with the following members present: Macevicz, Whitten, Chandler, Rice, Rudolph, Swanson, and Wilson. Also present: Director of Planning Peterson, Assistant Director of Planning Williams, Associate Planner Lee, Environmental Review Coordinator Reid, Assistant Director of Public Works Robens, Associate Engineer Daoust, City Attorney Lindberg, and Secretary Mapes. Chairman Macevicz led in the pledge of allegiance to the flag followed by a moment of silent prayer. APPROVAL OF MINUTES Commissioner Wilson requested that the minutes of the meeting of September 12, 1973, be corrected on page ll to show that he voted "no~' on agenda item 9 of that meeting. The Secretary made the correction. MSUC (Whitten-Wilson) The minutes of the meeting of September 12, 1973 be approved as corrected. 6. PUBLIC HEARING: PLANNED UNIT DEVELOPMENT - Hilltop Terrace, north side of Telegraph CanNon Road - Gersten Companies - PUD-73-1 Director of Planning Peterson suggested that this item be considered first since the applicant has requested that the application be withdrawn. He reported that Mr. Pasquale of the Gersten Company had expressed displeasure at the staff's recommendation of limiting the number of units to 235 and indicated his intent to submit another plan which would contain about 360 units. MSUC (Rice-Wilson) The application for Hilltop Terrace Planned Unit Development be filed without action. 1. Consideration of request for deferral of public improvements in alley at at rear of 284 Madrona Street - Louis Faucher Director of Planning Peterson advised this is a routine request which is recom- mended for approval. MSUC (Chandler-Rudolph) The request for deferral of public improvement of the alley at the rear of 284 Madrona Street be approved subject to the conditions recommended. 2. Review of conditional use permit C-67-14 for day nursery at 273 Beech Avenue - Beverly Stiver Director of Planning Peterson noted this consideration was continued from the meeting of August 8 to obtain further information on the operation. A letter subsequently received from the operator describing the operation indicates the facility is used over staggered hours so that parents are bringing and picking City Planning Commission -2- 9/26/73 up children at various times during the day which lessens the need for parking at the site. The Planning Department is concerned with the number of offstreet parking spaces for the nursery school staff, but this is a frequent occurrence with nursery schools which utilize a building originally constructed for residen- tial use, and the presence of the hospital parking lot across the street is a mitigating factor. The staff recommends approval subject to three conditions which limit the hours of outdoor play, the number of children, number of teachers and discontinuance of the requirement for periodic review so long as all conditions of approval are adhered to. Chairman Macevicz noted that objections to this operation were presented at a previous meeting and invited the applicant to present information. Edwin Stivers, 95 Via de Laurencio, distributed copies of the school's daily schedule of activities for the four different age level groups. He expressed agreement with the recommended conditions with the exception of the one limiting the outdoor activities to 3 hours a day which he indicated is entirely unacceptable. He pointed out that each of the age groups are outside for shorter periods and are under supervision at all times. It is not feasible to send all of the children out at the same time due to the differences in ages; also a large group would create much more noise at one time than the smaller groups do individually. He reported there are more of the 2 and 3 year old children and those groups might number 15 to 20 children. Although the school is licensed for 34 children, he stated it is very rare that there are that many on the premises at one time, since they arrive at staggered hours and many do not remain for the entire day. Mr. Stivers discussed the previous complaints filed and felt the matter of blocking the neighbor's driveway had been alleviated with the painting of the curb yellow to denote a loading zone in front of the nursery school. John Carty, 277 Beech Avenue, confirmed that the noise has been considerably less since his original complaint and there is no longer a problem of cars blocking his driveway. He questioned whether the requirement for offstreet parking is being fulfilled. Associate Planner Lee advised that with the conversion of the garage of a single family residence, the driveway may be used as offstreet parking. After some discussion, the Commission concurred that a condition restricting the outdoor activity to specific hours should not be imposed. MSUC (Swanson-Wilson) Approval of the continued operation of a nursery school at 273 Beech Avenue, subject to the following conditions: (1) Periodic review of C-67-14 shall no longer be required; if conditions of approval are violated or problems develop, the Planning Department may bring this operation back to the Planning Commission for reconsideration. (2) The maximum number of teachers shall be limited to 4 on site at any one time and the number of children shall be limited to 34 as long as the school continues to maintain staggered hours. Conversion of the school to regular hours of operation shall be grounds for review of this use permit. City Planning Conlml~sion -4- 9/26/73 relating to street improvements and drainage and sewer facilities. Mr. Lee acknowledged the receipt of a petition signed by 109 residents in opposition to the development of this property and proposing that the area be acquired for permanent open space. Assistant Director of Public Works Robens reported that Palomar Street is presently included in the capital improvement program for 1975-76 and the construction of Oleander Street is scheduled for 1974-75. However, due to a delay in the construction of State 54 by the State Division of Highways, the City has $400,000, which was set aside for construction of a ramp on to State 54, now available to move ahead other street construction projects, so Oleander and Palomar may be constructed at an earlier date, possibly during this fiscal year. Jerry Linton, American Housing Guild, noted this is their third, and he felt their best, proposal for the development of this land. He expressed agreement with alt conditions recommended by the staff with the exception of the one for full improvement of Palomar Street, which is designated as a major collector street to serve the entire city, not just this development. He felt the city should pay for the portion of width above that required for a residential street. He referred to the agreement of the City to participate in the improvement of Orange Avenue. Assistant Director of Public Works Robens advised that the requirement for Palomar Street is for 64 feet of paving, plus curb, gutter and sidewalk. Orange Avenue has a center island, for which the city is paying the cost, while the developer will pay for 56 feet of paving. He indicated it is a standard require- ment for the developer to pay full improvement costs of streets such as Palomar. Roger Johnson, 1403 Ocala Court, reported that he is speaking for lll people who signed the petition of protest, lie felt the City Council action changing the designation of this area from open space to residential use constitutes a breach of faith with the citizens of the area. He also felt there would be considerable impact on the schools, which might result in double sessions for the junior high school. He also pointed out that the City is short of its goal for park land area, and he requested that this area be placed in an open space acquisition and maintenance district. Melvin Ingalls, 1400 Ocala Court, also expressed the desire to have a large park created in this area which would serve a large region of people. Associate Planner Lee pointed out the adjacent 10 acres which were purchased by the City for park land, noting that this property was prezoned R-1 prior to annexation. Mrs. Anna Ingalls, 1400 Ocala Court, contended that the area being left as park land is very steep. She also pointed out that slopes at the perimeter of the subdivision area have been landscaped; she asked if this would be removed in grading for the new development. Harry Goff, 1268 Waxwing Lane, reported that he, too, had been told the area behind his house would remain as open space. He indicated his yard is adjacent to the San Diego Gas & Electric Company easement. City Planning Commission -5- 9/26/73 - Wilma Hunter, 1404 Oleander, asserted they were told when they purchased their house this area would remain in open space. She also contended they had not received notice of the change in land use designation in January and the only notice of the EIR was that posted on a pole in the area. Mary Fountain, 1402 Oleander Avenue, asked if there would be adequate fire protection for the canyon area left in open space, and if there would be an access to that area. Mr. Lee pointed out that access would be possible from streets provided in the proposed subdivision. MSUC (Whitten-Swanson) Recommend to the City Council the approval of the tentative map for Zenith II subject to all conditions recommended in the staff report. Chairman Macevicz pointed out that since this is a recommendation to the City Council, interested citizens may find out when the City Council will consider the map and express opinions or requests at the Council meeting. City Attorney Lindberg pointed out that the establishment of an open space development and maintenance district of this area would require special assess- ments on the residents of that area to pay the cost thereof. 4. PUBLIC HEARING: Consideration of Environmental Impact Report for Pacific Telephone and Telegraph Compans Operating Center on south side of Otay Valles Road, east of 1-805 - EIR-73-10 Director of Planning Peterson advised there is nothing to add to the written report on this E.I.R. The public hearing was opened, but as no one wished to speak, the hearing was declared closed. MSUC (Chandler-Wilson) EIR-73-10 be adopted as the City's Environmental Impact Report on the development of Pacific Telephone and Telegraph Company Operating Center on the south side of Otay Valley Road. The meeting recessed at 8:30 p.m. and reconvened at 8:45 p.m. 5. Consideration (cont.) of Environmental Impact Report EIR-73-11 for extension of "H" Street from Hilltop Drive to 1-805. Environmental Review Coordinator Reid advised that the public input and testimony presented at the previous hearing have been included in the report with a response to some of the questions raised, including an assessment of the protection a 5 foot high block wall would provide, comments relative to the safety of this area under traffic loading and the likelihood of a car leaving the right of way. The alternative of not providing "H" Street in this location was again considered and the same conclusion reached with regard to the traffic loading on alternative routes and the impact on those areas. The staff recommends adoption of the final Environmental Impact Report. City Planning Commission -7- 9/26/73 traffic projected for this segment of "H" Street by 1990 must also be accommodated further down "H" Street through the city or on Hilltop Road. The effect such traffic would have on the residents along those streets should also be taken into consideration. He noted that the traffic count does not contemplate a Sports World complex. He also questioned the need for an intersection with 1-805 at "H" Street, since four other interchanges are already planned or in existence. Monty Caylor, 53 East Shasta, endorsed the previous speaker's comments and suggested that he draw up an official report for consideration by this Commission or in the writing of a new report if necessary. Pete Delarok, 47 East Shasta, felt the report should contain more mitigating alternatives. He noted that while this project affects only a small group of people, the same is true of every project and eventually every group in the city is affected by what's being done. Patricia Velinsky, 93 East Shasta Street, expressed her wish to go on record as protesting the development of this thoroughfare. She also voiced strong support for the requirement of 6 foot barrier walls to protect the adjacent residents from noise and pollution. Leroy J. Stevenson, 80 Via de Laurencio, asked for clarification on the location of retaining walls. He indicated the slope easement for the right of way, if taken as originally designated, could go to within three or four feet of the back of his house. He indicated he had not been able to get firm information regarding the grade of the street. Cmdr. Ed Buchanan, 256 East Milan Street, felt the E.I.R. should not be adopted as it does not reflect the effect of walls constructed on both sides of the street. He contended this would amplify the decibel level of the noise. Morris Sawvers, 65 East Shasta, expressed the opinion that the report points out detrimental effects, such as pollution, noise, and traffic, but has no mitigating efforts to be instituted into the project to alleviate any of these effects. Commissioner Whitten expressed concern over the inadequacy of the report to present factual information on measures which can be taken to mitigate the bad effects of this project. If there are no mitigating measures, then the report should so state, so the Council will be aware of this. Commissioner Wilson noted the concerns that have been expressed but questioned whether the report could go much further than the information already contained. He pointed out that the testimony and discussion during the public hearing are incorporated in the form of minutes into the report. Environmental Review Coordinator Reid pointed out it is not the function of an ~I.R. to make recommendations, but only to contain as much factual information as possible. He called attention to the two-fold recommendation made by the staff on previous occasions: one for the adoption of the E.I.R. and a second for certain mitigating measures as a condition of approval of the proposed project. Such mitigating measures could be included in the adopting resolution but should not be included as a recommendation in the report itself. Commissioner Rudolph felt the E.I.R. should contain good mitigating measures and should spell out precisely what those measures would do, what effects they would have, whether they might solve the problem or make it worse. City Planning Commission -8- 9/26/73 Commissioner Swanson pointed out that the volume of traffic being considered is a 1990 projection, and he felt there are a lot of "ifs" relative to regional trans- portation which may alter that projection. He felt at any rate it wouldn't be any worse than it's pictured. It was moved by Whitten, seconded by Rudolph, that this report be sent back to the Environmental Review Coordinator and the Planning Department to try to find answers to the questions raised tonight, and present them in factual form so they can be included in the adopting resolution. The motion carried by the following vote: AYES: Members Whitten, Rudolph, Macevicz, Swanson NOES: Members Wilson, Rice, Chandler Mr. Reid asked for guidance as to the areas of concern. Commissioner Whitten indicated these include noise, pollution and safety, and suggested that all of the questions be obtained from the taped recording of the testimony and discussion. Director of Planning Peterson indicated the staff will submit a report to the Commission with as specific mitigating measures as they find possible, which the Commission can pass on to the Council for their consideration when they consider the design of the project. It was requested that such a report be submitted at the October 10th meeting. 7. PUBLIC HEARING: a. Consideration of Environmental Impact Report EIR-73-3 on Bayfront b. Consideration of modifications to General Plan for Bayfront area c. Consideration of rezoning for various parcels in Bayfront area d. Adoption of Specific Plan for the Basfront area Commissioner Whitten reported that he had not had sufficient time to review the revised Environmental Impact Report and indicated he would not be prepared to take action on that report at this meeting although he would not object to hearing public testimony. Director of Planning Peterson advised it would then be necessary to continue all of the items relating to the Bayfront area, since no action could be taken on b, c, or d until the Environmental Impact Report is adopted. He suggested taking public testimony and continuing the hearing to the meeting of October 17. Chairman Macevicz declared the public hearing opened. Kathryn Moore, 1134 Tobias Drive, pointed out that the public could not comment on the proposals unless a presentation is made as to what modifications and rezonings are being considered. City Planning Commission -9- 9/26/73 Director of Planning Peterson reported that basically the recommendation is for adoption of the plan presented in the Sedway/Cooke report, including the land use arrangements and specific plans which that report suggests. This would mainly commit the Bayfront area to primarily commercial and visitor oriented recreational uses, with some residential use. He indicated no firm recommendation was made for subarea G, which is the area between Rohr Industries and SDG&E power plant, this is left available for possible inclusion of water oriented industrial uses. He noted the big controversy has been whether D Street should be devoted to water oriented industrial uses and that is not the Planning Department's recommendation. It is felt that area should be devoted to commercial recreation uses. With the exception of this modification, the staff recommends adoption of the Sedway/Cooke plan. Pike Hodge, P. O. Box X, National City, spoke with reference to property he owns on Bay Boulevard between F and G Street, between Jackson Wrecking Yard and California General Corporation. It was his understanding that the first recom- mendation was that this area remain light industrial, and he has found a tenant for that type of use, but is now informed the recommendation is for C-O zoning. He felt this area is well established with industrial uses and requested that consideration be given to permitting a proposed refrigeration sales and service facility to be located on his property. This business would deal with refrigera- tion and air conditioning for trucks and boats or large ships, and is known as Thermal King, Distributor. Mr. Hodge indicated he is anxious to develop and make use of his property as soon as possible and questioned whether office use would be suitable in that particular location, adjacent to a railroad track and between two industrial uses. Commissioner Rudolph called attention to the staff report on the item of rezoning in the Bayfront area which stated the recommendation that the two areas shown in the Sedway/Cooke proposal for I-R Research Industrial be zoned C-O with the pro- visions of the Precise Plan used to permit some of the principal permitted uses in the I-R zone. She asked if the requested use would fit that recommendation. Director of Planning Peterson confirmed that might be a possibility but that it would be necessary to have more information on the characteristics of the proposed building and use. Mr. Hodge reported that the Fiedler Construction Company has been retained to develop the plans and indicated he would have them contact the Director of Planning. Charles Offerman, 331 L Street, owner of the property at the northwest corner of Bay Boulevard and G Street, which is in the same block as the property previously discussed, pointed out that in preliminary reports concerning their study Sedway/ Cooke had indicated this block should remain in an industrial use and their final report contained several different possibilities, which included both I-R use and office use. He expressed the view that the most important impact on this property is the access and visibility from the freeway. The area is now partially developed with industrial uses, including the California General building. He questioned whether there is a demand for additional office zoning in Chula Vista. He indicated he is working on plans for developing his property for a tenant in a commercial line. He asked that no action be taken at this time establishing the zoning of Bay Boulevard between F and G. City Planning Comm~ ion -10- 9/26/73 In response to a question as to the reason for placing this area in the C-O zone, Assistant Director of Planning Williams advised this was to serve as a buffer separating the hotel-motel complex from the major industrial use of Rohr Industries. Mr. Williams further called attention to the recommendation by Sedway/Cooke for a redevelopment plan which would consolidate several small parcels to provide for larger developments. He felt this is particularly appropriate for the area between Bay Boulevard and the railroad, since many of these parcels are too small to pro- vide for parking, landscaping and other elements included in the Bayfront plan. Commissioner Wilson expressed the opinion that consideration must be given to what is in existence in Chula Vista now. The Bayfront area is unique and will attract certain types of businesses. He felt this may be a logical type of zoning for that area and hesitated to change it. He felt the plans adopted cannot be totally inflexible, but with sufficient public input a concrete zoning pattern should be adopted and adhered to in the development of a Bayfront area which the City can be proud of. Kenneth Wood, of the law firm of Roark, Wood and Legler, 501 H Street, representing National Steel and Shipbuilding, advised that he would prefer to hold his testimony until the meeting of October 17 in order that he could first review the staff's report and recommendation. Robert McGinnis, attorney with Luce, Forward, Hamilton and Scripps, speaking for Santa Fe Land Improvement Company, made the same request as Mr~ Wood made and for tile same reason. Reva Lynch, 626 Date Avenue, reported that the League of Women Voters of ~uth Bay Cities has consistently supported the recommended policy of Sedway/Cooke for the Chula Vista Bayfront, and continue to do so. These policies include the recommendation that no major industrial development be promoted. The League of Women Voters has not and do not now favor the construction of a shipyard anywhere in the 2½ mile long Bayfront since a shipyard would not be compatible with the commercial-residential-recreation concept and would be detrimental to the marsh- land, the marine food chain contained therein and to the endangered species of birds and other marine wildlife dependent upon the marsh lands. Since the League is concerned with human needs, it has supported the commercial-residential- recreational aspect of the Bayfront plan, since this would provide an economic basis to support the parks, bicycle paths, walkways and accessability to the water front. She pointed out tourism is an industry which will be generated by the proposed plan. This plan will provide a much needed tax base. The League again urges the Commission to support plans and policies to carry out the Sedway/Cooke Bayfront plan and to protect the existing unique marshland. "Riches are not always in the form of money." Kathryn Moore, 1134 Tobias, read comments from Jacques Cousteau's lecture, and drew an analogy in support of preserving the marsh land. She requested that this be entered into the record: "From space we can watch the Earth, monitor what goes on and protect it. We will be able to prevent natural disasters, control pollution, modify the weather. Unfortunately, technology is progressing much faster than political maturity. The student sees this as a fact, but the men in power are living in the past with an outdated education. "There is a seeming lack of understanding of the real problems evidenced in the public statements of elected representatives of the people. We have to become City Planning Commission -ll- 9/26/73 fully aware of the real difficulties that face us today. It is not a matter of inconveniences, a reduction in the standard of living that we have to face. It is a matter of life or death to the species. The current talk about shortages of water and food are becomeing smoke screens that blind people to the real problems. "The main problem is that, in view of the political i~maturity abroad today, it is unlikely that mankind will earn survival without a major disaster ..... "The thrust to a new way of life, the new awareness, and the action to bring about the changes, has to come from those under twenty. It is their world and their future that is being exploited and destroyed right now. And unfortunately the policy makers do not seem to comprehend the real problems facing mankind. Without drastic action soon, it will be too late. The human adventure will end in a planetary tragedy. The price of survival is high, and many people today do not want to pay the price. Yet if we do not pay this price we lose in the survival game and end up as a fossil." Mrs. Moore expressed the belief Mr. Cousteau is an authority in this field and reading his lecture will reveal just how bad the pollution in the ocean is, and if this pollution continues and the ocean is lost, the human race is lost. MSUC (Whitten-Rice) The public hearing for consideration of all items related to the Bayfront be continued to the meeting of October 17, 1973. 8. PUBLIC HEARING (Cont.): Consideration of amendment to Zonin~ Ordinance and adoption of Development Policy relating to Mobile Home Parks - PCA-73-2 Director of Planning Peterson reported that the staff has met with mobile home operators and he felt that the proposal now generally has their concurrence for approval. Conmissioner Wilson noted that one owner and developer of several mobile home parks was at the meeting earlier but has left, and he felt that due to the lateness of the hour the hearing should be continued in order that anyone who desired to speak would have an opportunity to do so. MSUC (Whitten-Wilson) The public hearing for consideration of the amendment to Zoning Ordinance and adoption of Development Policy relating to Mobile Home Parks be continued to the meeting of October 10, 1973. Co~nissioner Whitten asked about scheduling an additional meeting for next Wednesday, October 3rd, to catch up on some of the items and relieve the agenda of October 10th. Director of Planning Peterson advised this would mean getting a new report out to the Commission on Friday of this week which is not sufficient time to provide any new information. DIRECTOR'S REPORT Director of Planning Peterson reported that the Second Annual Boards and Commission Orientation Workshop will be held on October 10 and 11, at 7:00 p.m. at the Chula Vista Elementary School Library on East J Street. The Chairman or Vice-Chairman City Planning Commission -12- 9/26/73 of each Commission is asked to give a 5 minute presentation on the duties and functions of his board on each of those nights. He suggested that anyone making a 5 minute presentation on the 10th could get to the Planning Commission meeting for most of the agenda items. Mr. Peterson felt this assignment could be covered by a staff member if that is the Commission's desire. Commissioner Rudolph felt it was the City's desire to get all Commission members in the city familiar with all of the functions of the City and all of the other Commissions. Director Peterson called attention to the fact that October 24 is a regularly scheduled meeting date and that he and two of the Commissioners will be attending the League of California Cities conference in San Francisco which concludes on that day. Commissioner Chandler advised that he would also be absent during that week. MSC (Whitten-Rudolph) The meeting of October 24, 1973 be cancelled and a regular business meeting be scheduled instead on November 21, 1973. The motion carried with Commissioners Rice and Chandler voting no. COMMI SSI ON COMMENTS Commissioner Rice called attention to an apartment building above the State Maintenance Yard on which the entire north side and west end is devoted to a sign. He asked if this can be abated. Associate Planner Lee advised that the new sign provisions for the R-3 and C-O zones have never been enacted, therefore there are no abatement procedures which can be applied to this building. Commissioner Rudolph called attention to the fact that Assemblyman Deddah's subcommittee on transportation is having a meeting in the Council Chamber on Friday morning, September 28th at 9:00 a.m. Commissioner Whitten called attention to the announcement of "Seminars in Effective Decision Making," to be held in the Police Auditorium on Friday, November 30th beginning at 8:30 a.m. for an all day session. The requirement is for a minimum team from each participating agency, council or board consisting of two board members and one member of senior staff. The registration fee is $5.00 per person. Mr. Whitten and Mrs. Rudolph expressed interest in attending this seminar. ADJOURNMENT The meeting was adjourned by Chairman ,~ice at 11:00 p.m. Respectfully submitted, Helen Mapes, Secreta/~y ~