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HomeMy WebLinkAboutPlanning Comm min 1973/09/12 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA · September 12, 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, Wilson and ex-officio member Anewalt. Also present: Assistant Director of Planning Williams, Associate Planner Lee, Environmental Review Coordinator Reid, Assistant Director of Public Works Robens and Secretary Mapes. APPROVAL OF MINUTES MSUC (Whitten-Chandler) The minutes of the meetings of August 15, 1973 and August 22, 1973 be approved as mailed. Chairman Macevicz advised that a request was made by Mr. Robert LeBre that agenda item 8 be heard first at this meeting because of illness in the family. The Commission concurred with granting this request. 8. PUBLIC HEARING: VARIANCE - Request to erect 4~ sq. ft. freestanding sign at 638 Third Avenue - Robert D. LeBre - PCV-73-15 Associate Planner Lee pointed out this request is for a 4~ sq. ft. freestanding sign in the C-O zone; there is presently no provision for freestanding signs in the C-O zone, although the Commission has approved a ground sign for the property adjacent to this site. The latest proposed revision to the Zoning Ordinance does provide for freestanding signs in the C-O zone. Mr. Lee noted the difficulty of installing a suitable identification sign on this converted residential structure which is set back 45 feet from the street. The staff, therefore, recommends approval of the request. This being the time and place as advertised, the public hearing was opened. Mr. Robert LeBre thanked the Commission for hearing this item first in the meeting. He felt the staff had adequately presented the request, but offered to answer any questions from the Commission. Associate Planner Lee reported the receipt of one letter in opposition to this request, which was signed by Drs. Lincoff, ~nnis and Penner, owners of property at 667-685 Third Avenue. As no one else wished to be heard, the public hearing was closed. MSUC (Rudolph-Whitten) The variance request to erect a 4~ sq. ft. sign, 11 feet RESOLUTION PCV-73-15 high, at 638 Third Avenue be approved. Findings are as follows: a. The business cannot be adequately identified by the use of permitted signs (wall or marquee) because of the architecture and setback of the converted residential structure. City Planning Commission -2- 9/12/73 b. Similar signs in the immediate vicinity and the same zone have been approved by the Commission by means of conditional use permit or zone variances. c. The General Plan recognizes and encourages proper and adequate identification for business in the commercial areas. 1. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - Request to locate parking facility for commercial use in R-3 zone at 183 Broadway - Ocean Fresh Seafood - PCC-73-15 MSUC (Whitten-Wilson) The public hearing for consideration of PCC-73-15 be continued to the meeting of October 24, 1973 and the applicant be advised that if he is unable to submit the required precise plan by October 11, 1973, the Planning Commission will consider denial of the conditional use permit and direct the staff to require provision of adequate parking for the Ocean Fresh Seafood restaurant in the C-T zone. 2. PUBLIC HEARING: CONDITIONAL USE PERMIT - Request to construct medical office building in the "F" zone at Willow Street and Bonita Road - Kaiser Foundation Health Plan, Inc.- PCC-73-20 MSUC (Whitten-Rice) The public hearing for consideration of PCC-73-20 be continued to the meeting of October 10, 1973. Commissioner Wilson abstained from voting on the motion. 3. Consideration of Environmental Impact Report for Zenith II Subdivision - EIR-73-12 Environmental Review Coordinator Reid called attention to the changes made in the draft report and a brief summary of the impacts outlined in the report. The staff has recommended adoption of the report with a secondary recommendation concerning acoustical control of the units adjacent to the freeway. Although this matter was not scheduled for public hearing, some citizens have expressed an interest in presenting testimony. Mr. Reid pointed out that this consideration has only to do with the Environmental Impact Report and not with the proposed development which the report covers; any remarks should deal only with faults found in the report. Chairman Macevicz called for testimony concerning EIR-73-12. Jerry Linton, American Housing Guild, in response to a question concerning impact on schools, reported that they had contacted both school districts and entered into agreement with both districts to provide financial contributions to enable them to accommodate the added influx of students from this development. Mr. Linton expressed a willingness to abide by suggestions made in the report to baffle the noise from the freeway as it will effect the adjacent dwellings. He indicated that in other developments they have limited the homes close to a freeway to one- story. He pointed out that in this case, the lots adjacent to the freeway have ocean views and two-story structures would take better advantage of such view, but this will be evaluated thoroughly in terms of soundproofing the houses. City Planning Commission -3- 9/12/73 Roger Johnson, 1403 Ocala Court, questioned the view lots since he felt most of the lots would be below freeway level. He also felt the added number of children expected in both the elementary and high school level was rather optimistic from the developer's standpoint, since the proposed development will contain a large number of 4 and 5 bedroom homes. Environmental Review Coordinator Reid advised that the student generation figures used in the report are the adopted city standards, and the noise levels are based on HUD guidelines as in all other reports. Commissioner Rudolph commended the revision which contains a chart indicating that San Diego can look forward to serious air pollution problems. Dave Fountain, 1402 Oleander, questioned why none of the residents of the area had received notice of the consideration of a report concerning the area at this meeting. He reported that some of the residents had noticed a posted notice on the power line in the area of their homes. He felt notification should have been mailed to area residents. He also reported they had not received notice of action taken earlier this year changing the designated land use of the property under consideration to residential. Assistant Director of Williams explained that this change was part of Commission and Council action taken on a number of areas throughout the city to bring the General Plan and zoning into conformance. In this case a park had been designated on property zoned for residential use, but since the city was not in a position to acquire the property for a park, the General Plan was changed. MSUC (Whitten-Wilson) Adoption of the report as presented as the City's Environ- RESOLUTION EIR-73-12 mental Impact Report on the development of Zenith II, with advice to the applicant that inclusion of mitigating measures concerning noise barriers will be considered in the review of the tentative subdivision map. 4. PUBLIC HEARING: Consideration of EIR-73-11 for Extension of "H" Street from Hilltop Drive to the 1-805 right of way Environmental Review Coordinator Reid advised that the purpose of this public hearing is to take testimony on the Environmental Impact Report for inclusion in that report. A public hearing will be held later by the City Council on the project of extending "H" Street. He asked that any comments at this meeting address sections of the E.I.R. which the public feels do not adequately discuss the impact of the project. Chairman Macevicz declared the public hearing opened. Mrs. A1 Vilensky read a statement signed by a number of residents, protesting that the proposed 6 lane "H" Street will result in noise, traffic and pollution from car emissions which will be detrimental to the health of families residing along the street. The residents see an obligation on the part of the City of Chula Vista to establish protective sound barriers, in the form of block walls, 6 ft. in height, at no cost to the residents, along the proposed route. Mrs. Vilensky submitted the statement and signatures to the Department for record. City Planning Commission -4- 9/12/73 Fred Watts, 158 Via de Laurencio, questioned the value of this report based on information he had received from the County that the street would be constructed regardless of the report. Assistant Director of Planning Williams advised that the Environmental Impact Report is a requirement under State law, and its purpose is to obtain and present factual information to be considered in making decisions. He also pointed out that Environmental Impact Reports have resulted in modifications to many projects which will result in greater safety, health, and aesthetics of the area. Commissioner Rudolph reported that at a meeting she attended on this date, Foster Knight, Assistant Attorney General of the State of California, pointed out that if a decision making body goes arbitrarily against what is brought out in an Environmental Impact Report, a suit can be brought to stop the project. It was noted, however, it has to be an arbitrary decision. L. J. Stevens, 80 Via de Laurencio, contended that the impacts noted in the report are detrimental effects, such as higher noise and pollution level. He felt the section relating to solutions did not satisfy these effects. He felt that where the street is above the level of adjacent lots some barrier should be provided for the protection of the residents. He also felt the increased traffic load would effect all of Chula Vista. He noted there is now major traffic loading on "E" Street and "L" Street and felt the same should not be the case with "H" Street through the center of the city. He also felt there are too many exits along this particular stretch of the freeway. He pointed out the traffic congestion that will result when the sports arena is constructed. Daniel E. Stanard, resident at the northeast corner of Shasta Avenue, called atten- tion to the traffic problem at the present time resulting from people taking short cuts, from Bonita Road over to Carvallos Drive, down Via de Laurencio to Claire Avenue. He also objected to the influx of traffic from bordering areas which will result from the opening of a sports arena. He felt this traffic would infiltrate down through all residential streets throughout the area, creating hazards for the residents. He requested that Claire Drive be blocked off at H Street. John Fitz, 71 E. Shasta, felt there are contradictions in the report since it states the street itself will not generate significant street traffic, but later indicates that heavy traffic will be anticipated within a few years. He also pointed out the report indicates that noise levels will exceed acceptable levels during early phases of usage and later on will get worse. He felt that people should be considered a biotic resource and their welfare protected as much as animals, birds, trees and plants. Mr. Stanard again raised the question as to barriers to protect the properties adjacent to "H" Street. It was noted that no such protection has been provided, but that the decision concerning the street project itself, will be the subject of a public hearing before the City Council at a later date. As no one else wished to speak, the public hearing was declared closed. City Planning Commission -5- 9/12/73 Commissioner Whitten expressed the opinion that the report is remiss in some areas. He called attention to the statement that no noise mitigating measures are planned within this project although it is anticipated the noise level will be clearly unacceptable to adjacent residents shortly after completion. He felt that som~ attempt must be made to come up with a plan that will protect the homes along this street from the noise and safety hazards due to traffic. Commissioner Rudolph questioned the noise impact on the high school as well as the nearby residents and asked if any mitigating measures will be suggested. Mr. Reid advised that a draft of a new assessment procedure has been received from HUD, which takes into consideration in much more detail things like height variation, etc.; much of that information will be included in the final report for this project. Commissioner Rudolph further pointed out that the report states the proposed work will not change land use of the nearby properties, but it says that property values can be expected to decline and noise might even reach such levels as to pose significant hazard to the health and well-being of the occupants. What, then, will happen to the land uses? Mrs. Rudolph pointed out the report says the project should have little direct effect upon density, but she felt it will have a vast indirect effect upon the population of the city by helping to open up the land to the east of 1-805 to development. Commissioner Rudolph further pointed out the report contains no consideration of traffic safety, such as the number of accidents which can be expected. She also questioned the impact this project will have on Third Avenue businesses since this road will be a link to the freeway connecting other shopping areas. She maintained that in terms of long-term productivity, the project will: Reduce the amount of energy sources available to future generations; Assist in reducing the amount of relatively undisturbed open space for future generations; Further inhibit and complicate the development of alternative modes of transportation. Mrs. Rudolph suggested that the following alternatives should be considered: Delay until a new Transportation Element is completed; Delay until the General Plan is revised; Delay until an alternative system is built. MSUC (Whitten-Rice) The public hearing be closed and consideration of the Environmental Impact Report on the extension of "H" Street be continued to the meeting of September 26, 1973. City Planning Commission -6- 9/12/73 5. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - Request to operate residential care facility at 1169 Frontage Road - William B. Sumner - PCC-73-17 Associate Planner Lee displayed a plat of the area noting the location of the existing motel and a plat of the proposed development plan which will include, in addition to the 27 apartment units, a combination kitchen-dining area, parking spaces and recreational area. This facility is to provide care for approximately 50 residents. He noted that in terms of location, the proposal is well justified in the Limited Industrial zone. Mr. Lee reviewed the conditions and modifications to the site recommended by the staff for approval of this conditional use permit. Chairman Macevicz reopened the public hearing. Burton Shamsky, 111 North Acacia Avenue, Solana Beach, representing the applicant, expressed their acceptance of the proposed conditions. Commissioner Whitten suggested there should be a fence or barrier of some type between the yard area of this facility and the access road to separate this facility from the adjacent bar and restaurant. Edward Cruz, 1169 Frontage Road, indicated that a landscaped island partially separates this facility from the access route to the bar/restaurant. Commissioner Whitten felt that separation is not sufficient and in the event this use is approved a condition should be included that a definitive means of dividing this use from the roadway will be provided. Mr. Shamsky concurred with this added condition and also with the request that the existing motel sign be removed. As no one else wished to speak, the public hearing was closed. MSUC (Whitten-Rudolph) Approval of a conditional use permit for operation of a RESOLUTION PCC-73-17 residential care facility at 1169 Frontage Road, subject to the following conditions: 1. A valid license shall be obtained and maintained with the State Department of Health. 2. A revised site plan and landscaping and irrigation plan, incorporating the following modifications shall be submitted to the Planning Department for approval by September 26, 1973; all work to be completed by December 26, 1973: a. The existing fencing on the easterly property line of the grassed recreational area shall be repaired to provide a solid buffer between this area and the single family homes to the east. b. The central courtyard area shall provide for activities requiring a hard surface and also space for reading and general relaxation in a pleasant setting. This shall be accomplished by landscaped planters, shade trees, benches and patio furniture around the perimeter of the courtyard. City Planning Commission -7- 9/12/73 c. A minimum of three additional parking spaces shall be provided to acco~odate staff and guests. d. The revised plot plan shall provide a separation between this facility and the adjoining restaurant and shall better define the access into this facility as it relates to the adjoining easement. e. The existing motel sign shall be removed. 3. Complaints filed by nearby property owners, failure to comply with the conditions of approval, or failure to property maintain the buildings, landscaping and surfaced areas of the site, shall constitute grounds for review and possible revocation of this conditional use permit. Findings are as follows: a. Due to the phasing out of State mental institutions there is a definite need for this type of facility in the local community. b. The existing motel which this operation will utilize is oriented toward the freeway, away from future industrial uses. Precise plan requirements, coupled with the necessity to consolidate small parcels for redevelopment, will minimize the possibility of the care facility being adversely affected by incompatible industrial uses. c. The use has received the endorsement of the Chief of Police and representatives of the State Department of Health and County Department of Mental Health Services. d. This use will not be detrimental to adjacent uses. e. The General Plan will not be adversely affected, since this use is permitted within the Limited Industrial zone by conditional use permit. 6. PUBLIC HEARING: CONDITIONAL USE PERMIT - Request to construct and operate motorcycle sales and service facility in C-T zone at 25 Broadway - Manuel Machado - PCC-73-21 Associate Planner Lee displayed a plat of the area, pointing out C-T zoning along Broadway with R-3 zoning on adjacent properties to the east, and the numerous auto-oriented uses in this vicinity. He displayed a site plan denoting an existing 6 ft. high wood fence which separates this development from the R-3 zoned property. The plan also indicates 14 parking spaces along the north property line and a landscaping strip along Broadway as well as the open display area for motorcycles in front of the building. It was noted that development of the parcel will create an isolated parcel of R-3 property which can be served only by an easement along the south side of this property. Mr. Lee reviewed the five conditions recommended by the staff for approval of this conditional use permit. This being the time and place as advertised, the public hearing was opened. City Planning Commission -8- 9/12/73 Robert Thompson, building designer for the owner of the property, expressed concurrence with all conditions recommended by the Department and indicated their intention to close the south end of the display area to prohibit access from that area to the easement leading to the property at the rear. He stated that all repair work will be performed inside the building in a soundproof room and that they do not intend to permit anyone to ride motorcycles in the property at the rear; he indicated the owner's intention to develop that portion of the property either with offices or apartments. Anita Hertzel, 618 Seavale, recalled problems created by the body shop at the rear of the property across the street, which is also owned by the applicant, and asked for assurance that the motorcycles would not be allowed on that property, also. Manuel Machado, owner of the property, advised that he is leasing the property to another party to build on and operate the proposed business. This business will have no connection with the property across the street. As no one else wished to speak, the public hearing was closed. MSUC (Chandler-Wilson) Conditional use permit to build and operate a motorcycle RESOLUTION PCC-73-21 sales and service facility at 25 Broadway be approved subject to the following conditions: 1. All motorcycle servicing and repair shall be conducted within the building. 2. A six (6) foot high solid masonry wall shall be erected along the easterly zone boundary line excluding the access easement. A six (6) foot high solid masonry wall shall also be erected to enclose that portion of the storage area facing the access easement. 3. A minimum of ten (10) percent of the parking area shall be landscaped in accordance with the Landscape Manual and subject to Planning Department approval. 4. A ten (10) foot landscaped area shall be provided between the vehicle display areas and the street in accordance with the Landscape Manual and subject to Planning Department approval, and a barrier shall be installed at the south end of the display area to prevent vehicular access to the adjoining easement. 5. A nonconforming billboard subject to abatement last year remains on this site; prior to the issuance of building permits, this billboard shall be removed. Findings are as follows: a. A motorcycle sales and service facility is complementary and compatible with existing uses in the area. b. The orientation of the building, inside motorcycle repair, and conditions of approval should insure the health, safety and general welfare of the neighborhood. c. The applicant's plan complies with all applicable codes. d. The General Plan contemplates the kind of use in this location. City Planning Commission -9- 9/12/73 7. PUBLIC HEARING: VARIANCE - Request to erect two-tenant freestanding sign at 4206 Bonita Road - Holiday House Liquor - PCV-73-14 Associate Planner Lee reported this application is ~he result of Commission concern at a previous meeting when consideration was given to allowing a free- standing sign at the location and it was felt both businesses on the site should have identification. The proposed sign has been redesigned and increased in size to 45 sq. ft., instead of 25 sq. ft. as previously proposed. The redesign includes rounded corners and a wood grained cover for the support column. These design features were incorporated into the sign to uphold the quality of design established in the Bonita area. The staff recommends approval of the request. This being the time and place as advertised, the public hearing was opened. Fran Burger, Pacific Sign Construction, briefly discussed the proposed sign and asked for favorable consideration. As no one else wished to speak, the public hearing was closed. MSUC (Rice-Whitten) Approval of variance PCV-73-14 to erect a two-tenant RESOLUTION PCV-73-14 freestanding sign at 4206 Bonita Road in accordance with the design and specifications submitted. Findings are as follows: a. The use of a second tenant sign on the proposed sign will provide equal identification for the two businesses located on this parcel. b. The wall signs lose their effectiveness because existing trees tend to obscure the signs. c. Combining two businesses on one sign will reduce the actual number of free- standing signs placed in the area 9. PUBLIC HEARING: VARIANCE - Request to create three lots with access by 15 ft. easement, 656 and 660 Second Avenue - D. M. Arrasmith - PCV-73-16 Associate Planner Lee displayed a plat of the area noting the R-l-15 zoning facing Del Mar with the adjacent lots fronting on Second Avenue zoned R-1. He also displayed a plat showing the proposed division of two parcels to create three additional lots at the rear which would be served by a 15' easement leading from Second Avenue and widening to 20 feet adjacent to the proposed new lots. He briefly reviewed previous attempts at splitting the property along Second Avenue. The staff position remains the same as on previous requests, that such methods of development should be discouraged and the applicant should be advised to initiate proceedings to form an improvement district for implementation of a plan which would provide access to the rear of the properties on the west side of Second Avenue. If such district is not formed it is recommended that the Commission initiate rezoning proceedings from R-1 to R-l-15 for this property. This being the time and place as advertised, the public hearing was opened. City Planning Commission -10- 9/12/73 Delbert Arrasmith, 55 F Street, pointed out that this proposed development is designed to accommodate a street between Second Avenue and Del Mar if it is to be installed in the future; after allowing 25' for the street, the buildings would set back an additional 25' for front yard area. He further indicated the buildings would be designed with appropriate elevations facing both a possible future street on the west and the easement to the east. Mr. Arrasmith felt that most of the property owners on Second Street are not in favor of putting in a street at the present time. In answer to a question from the Commission, Associate Planner Lee advised that one of the lots being considered for this division of land is one of the few lots which could provide half of the width required for an access street, to reach a cul de sac to be constructed between Second and Del Mar without requiring removal of any dwellings. He felt, however, the lots under consideration could accommodate only two additional lots and not three as requested. Edward Kulikowski, 629 Second Avenue, recalled that a similar request to divide this property and create two additional lots was denied by the Council a year ago and at that time petitions carried through the neighborhood to determine interest in putting in an additional street determined that the majority of the people did not want the street. He also expressed opposition to piecemeal develop- ment as now proposed. Mrs. Else O'Neill, 682 Second Avenue, pointed out the unique character of this neighborhood with large lots in the center of town. She felt that such lots are desired by many people and should be preserved. She expressed support for R-l-15 zoning of the area. As no one else wished to speak, the public hearing was closed. Commissioner Whitten expressed the opinion the application for variance should be denied and redevelopment of the properties permitted only if a new street is constructed to serve all of the properties. Commissioner Wilson spoke against denial of the request and felt consideration should be given to the applicant's alternate proposal which would accommodate an access road along the present rear lot lines. Commissioner Swanson felt that a street should not be installed unless it was desired by the majority of the property owners; such development should not be imposed upon them to accommodate the wishes of one or two owners. MSC (Whitten-Chandler) PCV-73-16 be denied and the applicant advised to seek a means of having a public street constructed; if the residents do not want the street a public hearing should be called to consider rezoning the area to R-l-15. Findings for denial are as follows: a. The applicant has not shown that he would be deprived of property rights unless this variance is granted. b. The applicant has failed to show any hardship on the property which would justify the variance since he could dedicate sufficient land to provide for a dedicated street. c. Granting this variance would constitute conferring a property right upon City Planning Commission -ll- 9/12/73 this property owner which is not possessed by others in the same zone in this vicinity. The motion carried by the following vote: AYES: Members Whitten, Chandler, Rudolph, Swanson and Rice NOES: Members~nd Macevicz ABSENT: None The Chairman advised the applicant of his right of appeal to the City Council within 10 days. 10. Consideration of request for extension of Variance PCV-72-15 to create one lot without frontage at 522 K Street and one lot without frontage at 814 Fifth Avenue - L. R. Blankenship Associate Planner Lee advised that the applicant is in the process of preparing a parcel map for division of the property as approved by the variance a year ago and has requested a one year extension. The staff recommends approval of the request. MSUC (Rice-Whitten) The request for a one year extension of Variance PCV-72-15 be approved. 11. PUBLIC HEARING: PREZONE - Approximately one acre located 3/4 mile east of 1-805 on south side of Otay Valley Road to A-8 (Agriculture) Assistant Director of Planning Cilliams advised that annexation proceedings have been initiated by the City for this property as a site for a new animal shelter. Prezoning is necessary to meet the requirements of L.A.F.C.O. before the annexa- tion is approved. This property, as well as adjacent land, is presently zoned for agriculture in the County. It is recommended that A-8 prezoning be approved. This being the time and place as advertised, the public hearing was opened, but as no one wished to speak the public hearing was declared closed. MSUC (Rice-Whitten) Recommend to the City Council the prezoning of 1.18 acres RESOLUTION PCZ-73-M located on the south side of Otay Valley Road, 3/4 mile east of 1-805 to A-8. 12. Consideration of annexation of property for Chula Vista Animal Shelter Site MSUC (Whitten-Rudolph) Recommend to City Council the approval of the annexation of 1.18 acres on the south side of Otay Valley Road, east of 1-805. City Planning Commission -12- 9/12/73 Director's Report Assistant Director of Planning Williams reminded the Commission of the meeting to be held at 5:00 p.m. on September 19 to discuss the Open Space and Conservation Elements of the General Plan. He also noted that the joint meeting with the City Council and Human Relations Commission to discuss the Housing Element is now scheduled for 7:00 p.m. on October 3, 1973 in the Police Auditorium. He called attention to the League of California Cities general membership meeting to be held in Oceanside on September 20, 1973, and asked Commissioners to request reservations through the Department Secretary. The topic at the meeting will be "The Energy Crisis." Commission Comments Reiterating his opinion as expressed earlier in the meeting, Commissioner Whitten recommended that all Environmental Impact Reports be subject to a public hearing. He felt this should not be an arbitrary matter but a firm policy to receive public input during the consideration by the Commission if anyone so desires. Commissioner Wilson expressed support of this recommendation. Assistant Director of Planning Williams reported he would check the ordinance requirements with regard to notifying property owners in the vicinity of an area covered by an Environmental Impact Report and with regard to the processing time of the reports to see if this time would be lengthened. Adjournment Chairman Macevicz declared the meeting adjourned at 10:05 p.m. to the meetings of September 19 and September 26, 1973. Respectfully submitted, Helen Mapes, secre{/ary