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HomeMy WebLinkAboutPlanning Comm min 1973/08/22 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA August 22, 1972 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, Rudolph, Swanson, Wilson and ex-officio member Anewalt. Absent (with previous notification, due to a family emergency) Member Rice. Also present: Director of Planning Peterson, Assistant Planner Quinney, Assistant Director of Public Works Roberts, City Attorney Lindberg, and Secretary Mapes. APPROVAL OF MINUTES MSUC (Whitten-Chandler) The minutes of the Planning Commission meeting of August 8, 1973 be approved as mailed. 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 September 12, 1973. 2. PUBLIC HEARING: a. CONDITIONAL USE PERMIT - Request to establish bowling alley with snack bar and dance/cocktail lounge at 47b ~Street in C-C zone - Leisure Time Sports - PCC-73-16 b. VARIANCE - Request for modification of parking requirements ~nd si§n restrictions - Leisure Time Sports - PCV-73,13 Director of Planning Peterson noted the public hearing for the conditional use permit application was continued from the meeting of July 25th as the parking at the site does not meet ordinance requirements. The applicant has now filed a variance application requesting that parking requirements for the bowling center be based on joint usage of parking spaces with other tenants of the shopping center rather than on individual uses. A request is also made to include four tenant signs and a logo attached to the freestanding identification sign. Mr. Peterson reported that the staff has no reservations about the propriety of this use and recommend approval of the conditional use permit. With regard to parking requirements it was determined that the individual uses, existing and proposed, for this center would require 211 more parking spaces than are available. The staff, however, made several checks of the use of the parking at the present time and found that at the busiest time 200 spaces were occupied, which left 345 spaces available. Mr. Peterson also called attention to a report submitted by the applicant of parking needs at other bowling centers which he operates which indicates the actual need is not as high as the zoning ordinance requires. Mr. Peterson reviewed the conditions recommended in approving this portion of the variance, including the provision of lighting for all areas of the parking, cancellation of parking lease arrangements with Bay General Hospital, and the review of the use and hours of operation of future tenants. -2- 8/22/73 Mr. Peterson noted that the applicant has submitted a sign proposal which would result in an increase in the total area of the freestanding sign from 200 sq. ft. to 326 sq. ft. The staff does not support that much increase but would support increasing the size of the copy in the sign to the area allowed by ordinance with the logo to be in addition to that area. This would permit the existing sign and the addition of three tenant signs of 8 1/2 sq. ft. each to provide identification for the major tenants of the Home Fair building. Commissioner Whitten pointed out it has not been the policy of the Commission to permit tenant signs on a freestanding identification sign due to the difficulty in reading smaller signs from the street. Mr. Peterson advised that the draft of the revised sign ordinance does provide for identification of up to four tenants on a freestanding sign. This request was made by businessmen and is apparently favored by the City Council. Commissioner Wilson asked when it is anticipated this revised sign ordinance will be considered for adoption by the Commission and Council. Mr. Peterson advised this should be ready for Commission action by the early part of November, after allowing for several meetings with representatives of the business community. Chairman Macevicz declared the public hearing reopened. Gary Ford, 6423 Castleberry Way, San Diego, Vice President and General Manager of Leisure Time Sports, discussed the parking needs based on their experience at three other bowling centers which they own and operate. Mr. Ford indicated that if this proposal is approved they hope to open about February 1st. With reference to the signing, Mr. Ford indicated they have no interest one way or the other with regard to the tenant signs, and the proposed logo is not something which they normally use but was suggested by the sign company as an attractive addition. As no one else wished to speak, the public hearing was closed. Commissioner Whitten again reiterated his feeling that the freestanding sign should be used to identify the entire shopping center and not an individual tenant within the center. He felt that aside from the sign request, the applications should be approved. MSUC (Whitten-Chandler) Approval of conditional use permit to establish a 40-lane RESOLUTION NO. PCC-73-16 bowling center with snack bar and dance/cocktail lounge in the existing Home Fair building at 475 H Street, subject to the following conditions: 1. Lighting shall be provided to the north and east parking areas in accordance with a plan approved by the Planning Department to make those areas more attractive as parking areas. 2. Parking space lease arrangements with Bay General Hospital shall be cancelled and the pathway from the parking lot to the hospital shall be permanently closed with proper and compatible materials. -3- 8/22/73 3. The lease arrangements with future tenants of the building shall contain a provision requiring review of the use and the hours of operation by the Planning Department to determine parking needs and compatibility. 4. A landscaping plan shall be submitted for Planning Department approval prior to the issuance of building permits. This plan shall provide for upgrading of existing planter areas and the installation of irrigation to all planters. 5. A master lease plan showing all lease lines within the shopping center shall be submitted prior to the issuance of building permits. With the exception of the United California Bank area all maintenance (trash, landscaping and parking) shall be the responsibility of Leisure Time Sports. 6. All proposed construction and change of uses shall be submitted to the Building Department for review. (A major change involving modification of the sprinkler system and fire exits are probable requirements). Findings for approval are as follows: a. The bowling center will be located within a recreation and leisure oriented shopping center and should complement the existing uses. b. This use will provide additional recreation for the community and should benefit adjacent merchants. c. All Code requirements shall be met with the exception of the total com- bination of parking requirements as enumerated in Section 33.801 of the Zoning Ordinance, for which a variance application, No. PCV-73-13, was filed and approved. In this particular case circumstances of low parking space usage within the shopping center and control over the hours of operation as well as the future retail users will provide adequate controls for parking for all tenants within the shopping center. d. The Central Commercial zone provides for Unclassified Commercial Uses such as a bowling center. MSUC (Whitten-Rudolph) Approval of a variance, in conjunction with conditional use RESOLUTION PCV-73-13 permit PCC-73-16 and subject to conditions listed therein, to allow joint usage of parking spaces by Leisure Time Sports and other operations within the shopping cen~er at 475 H Street. Findings are as follows: a. The original parking provided for the center did not contemplate the combination of uses now existing and proposed. b. The inclusion of a bowling center within a shopping center is logical and an extension of the recreational orientation of the center. c. The purpose of the ordinance in providing adequate parking can be met if the proper conditions of approval are fulfilled. d. The General Plan will not be affected. -4- 8/22/73 MSUC (Whitten-Chandler) The staff be directed to confer with the owner of the Home Fair site in an effort to develop a signing proposal which would meet the needs of all tenants in the building. 3. PUBLIC HEARING: CONDITIONAL USE PERMIT - Request to operate pinball machine and amusement arcade in shoppin9 center at Broadwas and "H" in C-T-D zone - Richard Jacobson - PCC-73-19 Director of Planning Peterson noted this is a proposal to install approximately 30 pinball and other amusement machines in the shopping center occupied by C & R Clothiers as the main tenant; only one other tenant is presently located within the center although it has been open for several months. The staff feels that this proposed use is out of character with the uses that exist in the center and would not be compatible with the mobile home park adjacent to this site due to the probable late hours of operation and noise which would result; also that such use should not be located so far back from the street. For these reasons the staff has recommended denial of the application. Mr. Peterson suggested that such use would be better located in an amusement area, such as the location of the bowling alley in the previous hearing. This being the time and place as advertised, the public hearing was opened. Richard Jacobson, 5402 Balboa Arms Drive, San Diego, reported this is a family type amusement operation and it was therefore his desire to locate in Chula Vista which is a family type area. He felt it could be moved to one of the other vacant locations within this center to get away from the close proximity to the mobile homes. He felt such a center should be near a commercial area such as the Broad- way and H location rather than a smaller residential shopping center. Commissioner Swanson raised a question as to whether this particular center would bear the additional traffic of an amusement operation. He felt there is a parking and traffic circulation problem at this site. Harry Hoch, 2575 Camino Espino, San Diego, operator of the trailer park next door expressed reservations over this use due to the noise that would be generated and disturb the patrons of the trailer park. As no one else wished to speak, the public hearing was closed. MSUC (Whitten-Wilson) The request for conditional use permit PCC-73-19 be denied. Chairman Macevicz advised the applicant of his right to appeal this decision to the City Council within ten days. 4. PUBLIC HEARING: VARIANCE - Request to develop lot at 333-337 Hilltop Drive With fronta§~ on 40' easement - Phil Creaser - PCV-73-12 Assistant Planner Quinney advised that the applicant proposes to split a 31,800 sq. ft. lot into two parcels to be improved with two residences. This split represents the best division of the property but does require access over an existing 40' easement. This easement presently serves two lots in the County east of the applicant's property. Conditions recommended in the staff report included the installation of a 5 ft. landscape buffer between this easement and the existing -5- 8/22/73 private road to the south; however, inspection of the site reveals there is presently an 8 to 10 ft. wide strip, heavily landscaped with mature trees, so it is recommended that this condition be changed to state that the existing landscaped strip shall be maintained. With the suggested conditions it is recommended that the variance request be approved. This being the time and place as advertised, the public hearing was opened, but as no one wished to speak, the hearing was declared closed. MSUC (Chandler-Whitten) The request for a variance to create two lots on a RESOLUTION PCV-73-12 40 ft. easement be approved, subject to the following conditions: 1. The existing landscaping buffer between the private road to the south and the existing 40' easement shall be maintained. 2. The easement itself shall be paved to a minimum width of 20' and provided with a drainage system, both of which shall be subject to the approval of the City Engineer. 3. Creation of the two parcels shall be accomplished by the approval of Parcel Map 2-73 filed with the City. Findings for approval of the variance are as follows: a. Practical difficulties in developing the proposed parcel would exist if it were not allowed access to the existing easement. b. Denial of the variance would deprive the owner of the ability to develop the proposed lot in accordance with the zoning regulations. c. Approval of the variance will not adversely affect the General Plan or surrounding property owners. 5. Reconsideration of drainage system for commercial ~operty north of Telegraph Canyon Road~ east of Halecrest Drive Director of Planning Peterson reported this is a request for the Commission to reconsider the decision of last February which reaffirmed the need for an under- ground drainage system in connection with development of commercial property north of Telegraph Canyon Road, east of Halecrest Drive. This requirement was a condition of the rezoning of the property in 1972. Mr. Peterson noted there is a difference between the applicant's estimate of the additional cost of placing the drainage underground rather than in an open channel and the staff's estimate of the added cost. He felt, however, that for this type of development the covered drainage system is definitely preferred and recommended that the Commission reaffirm the requirement for an underground system, but also that they invite the applicant to submit additional information to support his claim that the property cannot be developed economically with an underground system. Commissioner Swanson asked how often there would be enough run off to require the volume of drainage that is stipulated. He also felt that requiring a larger channel above Halecrest Drive than is provided downstream from that point would result in problems of damming and flooding. -6- 8/22/73 Director Peterson noted that the box culvert existing in front of the service station is not as large as necessary and will eventually have to be enlarged. Assistant Director of Public Works Robens confirmed that enlarging that portion of the drainage channel is on the Capital Improvement Program list, but it has not been assigned a priority; in other words, it is not scheduled for installation through 1978, but remains on the "want list." Mr. Robens further advised that the tentative design for the proposed underground installation would leave a portion uncovered at the downstream end of the property to permit the excess water to come out and flow down the street in front of the service station and under 1-805 before reentering the underground system. Commissioner Whitten pointed out the desirability of having an adequate drainage system installed in connection with the development of the property rather than having to do it later at taxpayers' expense. In response to a question from Commissioner Wilson, Mr. Robens advised the design criteria for this drainage is the capacity required to take care of an ultimate storm, or 50 year flood, with full development of the upstream areas. It was moved by Whitten, seconded by Chandler, that the Commission reaffirm the requirement that the commercial development on Telegraph Canyon, east of Halecrest Drive, be required to have the box channel as previously stated. The applicant desired to comment and was recognized by the Chairman. Gilbert Dreyfus, 615 South Flower Street, Los Angeles, President of Pacific Bay Development Corporation, pointed out that the present drainage is approximately 600 cubic feet per second, however, the capacity required under the new design criteria is for approximately 2800 cubic feet. He noted that they have presented plans which would accommodate this in an open trapezoidal channel; however, he felt it is inequitable to require them to provide an underground system for this volume at a cost in excess of one-half million dollars, or $130,000 more than the cost of the open channel. Mr. Dreyfus made reference to City Council Resolution 4786 which established a policy related to the responsibility and financing of drainage facilities and the criteria for the design and construction of storm drainage facilities, and asserted that under that policy the property owner is required to install only temporary facilities for the ultimate design and the City shall enter into an agreement with the property owner to help bear the cost of permanent facilities. Mr. Dreyfus agreed that esthetically the underground drainage system would be preferable, but maintained that requiring them to bear the full cost of such a system would preclude development of the property. After further discussion Commissioner Whitten withdrew his previous motion, with the consent of the second. MSUC (Whitten-Wilson) Consideration of the request concerning approval of a drainage system for the commercial property north of Telegraph Canyon Road be continued to the meeting of October 10, 1973. 6. Consideration of request for extension of use variance for day nursery at 194 "H" Street - Mr. and Mrs. E. H. Johnson -7- 8/22/73 Assistant Planner Quinney reported that this nursery school has been in operation under various owners for 21 years, since 1952, under a use variance. Use variances are no longer granted, but the City Attorney expressed the opinion that this is categorized as a nonconforming use which had previously been approved. The staff checked with the various agencies licensing or controlling this operation, and the Zoning Enforcement Officer interviewed residents living immediately adjacent to the property and found no complaints. A physical inspection revealed the property is well kept. The nursery has a state license to operate with up to 20 children and is regularly inspected by the City Fire Marshall. The staff's ~ecommendation is for extension of the variance for an indefinite period, subject to the conditions of approval. MSUC (Wilson-Whitten) Approval of an extension of variance 65-30 for operation of a nursery school at 194 H Street, subject to the following conditions: 1. Operation of the day nursery shall be for no more than 20 children. 2. The residential character and appearance of the single family dwelling shall not be changed as a result of operation of the use. 3. Any identification sign shall not exceed 4 sq. ft. and shall be a wall sign attached to, and compatible with, the dwelling. 4. The applicant shall continue to comply with the requirements of the State Licensing agency and the City Fire Marshall. 5. This variance extension is approved for an indefinite period, but is subject to periodic review by the staff. If a violation of the conditions of approval occurs, or if problems develop with the use, staff will schedule the matter for hearing by the Planning Commission and provide notice of the hearing to the appli- cant. At the hearing the Planning Commission may establish new conditions of approval, rescind this approval, or may authorize the use to continue under the existing conditions of approval. City Attorney Lindberg expressed the opinion that the Planning Commission should consider amending the Zoning Ordinance to place nursery schools in the unclassified uses category permitted in all zones subject to a conditional use permit the same as private and public schools. 7. Consideration of request to move on s].n~le family residential structure at 128 Fourth Avenue - B. S. Griffith Assistant Planner Quinney advised that the City Code requires the City Council to receive a recommendation from the Planning Commission concerning the archi- tectural compatibility of a structure proposed to be moved on to a lot within the city. This structure is found generally compatible with the surrounding a~ea'ba~ed on the five standards set forth in the code. MSUC (Whitten-Rudolph) Recommend to the City Council that the proposed single family residential structure is architecturally compatible for move on at 128 Fourth Ave.. PUBLIC HEARING (Cont.): Consideration of amendment to Zonin~ Ordinance and adoption of Development Policy relatin~ to Mobile Home Parks - PCA~73-2 -8- 8/22/73 MSUC (Whitten-Chandler) The public hearing for consideration of PCA-73-2 be continued to the meeting of September 26, 1973. 9. Consideration of establishing Open Space District No. 2 in Deepark Director of Planning Peterson reported that this proposed district would be comprised of Larkhaven Subdivision Units 1-4, now known as Deerpark. At the time of approval of the tentative maps the Commission had recommended that the open space areas be maintained by an open space district rather than by the City. This is a formal action to implement the district and requires a recommendation from the Planning Commission prior to adoption by the City Council. MSUC (Whitten-Wilson) Recommend to the City Council approval of a resolution establishing Open Space District No. 2 in Deerpark. 10. Consideration of request to move on 22 unit apartment complex at 557-567 Arizona Streets R-3 zone - Daniel Green Assistant Planner Quinney reported that while this apartment complex does not relate in size or architecture to the older single family residences in the area, it is setting a trend for redevelopment of the area which the City Council has encouraged by earlier actions of rezoning. The staff recommends approval of this request. MSUC (Whitten-Rudolph) Recommend to the City Council approval of the request to move two apartment structures from 470 Fourth Avenue to 557-567 Arizona Street, subject to staff approval of a complete site plan. Director's Report Mr. Peterson reported that September 19th has been set for a work session on the Open Space and Conservation Elements of the General Plan. The meeting will begin at 5:00 p.m. and be followed by dinner. Mr. Peterson also called attention to the fact that Wednesday, December 26th, would be the date of a regular business meeting and the Commission may wish to consider cancelling that meeting. The Commission concurred. Mr. Peterson reminded the Commission of a joint meeting with the City Council and Human Relations Commission to be held in the Police Auditorium on September 5 to discuss housing goals for the City. Commission Comments Commissioner Wilson asked if there is a possibility of reinstating field trips prior to each Commission meeting. Mr. Peterson expressed his support of field trips, but indicated he had not discussed it with the City Attorney. City Attorney Lindberg indicated he would prefer to make a report and recommendation with regard to field trips at a subsequent meeting. Adjournment Chairman Macevicz adjourned the meeting at 8:55 p.m.. Respectfully submitted, Helen Mapes, Secretary