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HomeMy WebLinkAboutPlanning Comm min 1973/08/08 -2- 8/8/73 This being the time and place as advertised, the public hearing was opened. Jon Beaman, owner of the property, pointed out the problem of constructing a con~nercial building and providing the necessary parking with only 60 feet of depth. He also noted the need for improving this area along Broadway. Mr. Beaman expressed agreement with the conditions recommended by the staff including refurbishing the single family dwellings. As no one else wished to speak, the public hearing was closed. MSUC (Wilson-Whitten) Recommend to the City Council the change of zone for RESOLUTION NO. PCZ-73-K property at 658-664 Broadway from C-T and R-1 to C-T-P, based upon the submission of a precise plan within one year, which shall include the following: a. Orientation and access to the property shall be to Broadway only. No vehicular access shall be permitted to East Manor Drive, either for customers or service vehicles. b. A zoning wall shall be constructed at the rear of the property, along the western boundary of the 8 ft. strip. c. A 14 ft. exit only driveway shall be provided adjacent to the north property line. Since the building enjoys a zero setback, proper sight distance for cars exiting from this driveway shall be reviewed and approved by the City Traffic Engineer prior to the issuance of a building permit for the structure. d. The precise plan shall include elevations of all building faces including proposed material with emphasis on either rock, split-face block, or brick, as indicated by the submitted rendering. Details of signs and landscaping (including street trees) shall be submitted at the time building permits are requested. e. The building area shall relate to the number of offstreet parking spaces provided. f. A plan to refurbish the existing dwellings at 659 and 663 E. Manor Drive (adjacent to the rezoned property) shall be submitted to the Planning Department for review and implementation. 3. PUBLIC HEARING: Consideration of amendment to Zonin9 Ordinance relatin9 to foster homes, day care homes and day nurseries - PCA-73-4 Director of Planning Peterson advised this amendment to the Zoning Ordinance is designed to bring it into conformance with State Law in regard to foster homes, which was amended last year to specify that foster homes for the care of six or fewer childre~including the family's own children, are to be permitted in all residential zones. That law allows cities to require a conditional use permit as opposed to having it as a principal permitted use but conditions imposed pursuant to the use would have to bear substantial relationship to the protection of public health and safety of the residents, and cannot be more stringent than the conditions under which other single family homes have to operate. At the present time the Chula Vista Ordinance allows up to three foster children in a home in addition to the family's own children. MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA August 8, 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, Rice, Chandler, Rudolph, Swanson and Wilson. Also present: Director of Planning Peterson, Associate Planner Lee, Assistant Director of Public Works Robens and Secretary Helen Mapes. The pledge of allegiance to the flag was led by Chairman Macevicz, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Whitten-Chandler) The minutes of the meeting of July 18, 1973 be approved as mailed. 1. PUBLIC HEARING: CONDITIONAL USE PERMIT - Request to operate residential care facility at 1169 Frontage Road, William B. Sumner - PCC-73-17 Director of Planning Peterson advised that the applicant has not as yet submitted a site plan showing improvements to be made to the grounds and buildings and a description of the services to be rendered to the residents at the facility, which would enable the Commission to make a fair decision on approval or denial of the application. It is, therefore, recommended that the hearing be continued to the meeting of September 12th and the applicant advised that abatement proceedings against the use will be commenced if the required submittals are not made by August 29, 1973. MSUC (Rice-Chandler) The public hearing be continued to the meeting of September 12, 1973, and the applicant advised to submit the necessary information by August 29, 1973. 2, PUBLIC HEARING: REZONING - 658-664 Broadway, from C-T to C-T-P, and 8 ft. strip from R-1 to C-T-P - Jon Beaman - PCZ-73-K Associate Planner Lee displayed a plat showing the lots extending from Broadway to Manor Drive with 60 ft. depth of commercial zoning adjacent to Broadway and the remainder of the lots zoned R-1. The applicant is requesting an increase in the commercial depth to 68 ft. for two adjoining lots to permit construction of a two- story office building and the required offstreet parking. The applicant has sub- mitted a precise plan for the proposed development of the commercial portion, with the two single family residences to remain fronting on East Manor Drive. Mr. Lee briefly reviewed the conditions recommended by the staff for approval which include orientation and access to the property towards Broadway, a zoning wall to be constructed between the residential and commercial use, the addition of a 14 ft. exit only driveway adjacent to the north property line to facilitate circulation in the parking area, and a requirement for the refurbishing of the existing dwellings at 659 and 663 E. Manor Drive so they do not further deteriorate. The Commission discussed the problem of proper sight distance for cars exiting from the narrow driveway onto Broadway and felt some modification to the building may be necessary. -3- 8/8/73 Mr. Peterson reported that consideration was given as to whether to allow foster homes as a conditional use or as a principal use, and after learning the degree to which they are checked by the County Welfare Department and the Fire Department, it was felt they should be included as a permitted use in each of the residential zones. Making that change is the text of the Zoning Ordinance amendment under consideration. This being the time and place as advertised, the public hearing was opened. John Carty, 277 Beech Avenue, asked if this pertains to day care homes and day nurseries as well as foster homes. It was confirmed that the proposed change relates to foster homes only. The definitions for the three types of child care facilities have been modified to bring them into conformity with State and County definitions but the regulations for day nurseries are not proposed to be changed. Bim Plumb, Chief of Foster Home Licensing for County Welfare Department in San Diego, called attention to the shortage of full time foster home care in the County and in the community of Chula Vista, which has been brought about in part by restrictive ordinances. He expressed the opinion that enactment of the proposed amendment relative to full time care will assist the Welfare Department in the placement of children needing this care. He also noted the need for more day care homes and requested that at some time in the future the Planning Department work with the Welfare Department in an intensive study to consider this aspect of child care. Judy Evans, Camelia Court, expressed concern about the restrictions placed on day care homes in Chula Vista. She pointed out that the State issues a license for such homes only after inspecting the home, taking into account the number of natural children in the home and the space available, and determines the number of children that can be placed in the home accordingly. She felt that day care homes fill a definite need for working mothers, particularly those on night shift or split shift, and that limiting the number of children permitted in a day care home results in a handicap to those homes providing the care and those mothers who must depend upon this service. She expressed her pleasure that Chula Vista is reviewing the restric- tions with reference to foster home care and her hope that similar consideration would be given to day care homes. In response to a question from the Commission, Mrs. Evans requested that the City place no restrictions on the number of children that can be placed in each home, but rely upon the limitations determined in each case by the State, which is generally four or five. Pat Beinlich, 990 Barrett Avenue, speaking as a mother of two children who works split shifts and holidays as a probation officer, asked that the City go along with the State regulations for day care homes. She pointed out that for her type of schedule no other kind of care is available. Mrs. Nancy Grummitt, also expressed strong support for day care homes and felt they should not be limited to caring for three children. As no one else wished to speak, the public hearing was closed. -4- 8/8/73 Commissioner Whitten asked that the staff study the ordinance regulations for Family Day Care Homes for possible amendment to those restrictions. MSUC (Wilson-Rudolph) Recommend to the City Council the adoption of amendments RESOLUTION NO. PCA-73-4 to the Zoning Ordinance relating to Foster Homes and clarifying the definition of Foster Home, Family Day Care Home and Day Nurseries. 4. Consideration of landscaping concept and request for deferral of landscape installation by Chula Vista Service Club Director of Planning Peterson noted that at a previous Commission meeting it was requested a plan for the landscaping and fence be brought back for approval with the understanding that the installation would be deferred for one year or until the parking lot is expanded to Fourth Avenue. The recommendation is for a six foot solid wood fence with solid wood gates constructed at a minimum setback of 5 feet from the alley, with 15 gal. trees planted on 20' centers in the 5 foot strip and low growing shrubs or ground cover between the trees; landscaping to be irrigated by an automatic system. Henry Mueller, 6526 Bantam Lake Circle, San Diego, president of Chula Vista Service Clubs, expressed agreement with the recommendation and indicated they would provide the necessary visibility for motorists when they construct the fence. MSUC (Whitten-Rudolph) Approval of the plan for landscaping and fencing of a portion of the parking lot for Chula Vista Service Clubs as presented, with deferral of installation for one year or until the lot is expanded to Fourth Avenue whichever occurs first. A complete landscaping program involving the entire parking area will be required at the time the existing lot is expanded to Fourth Avenue. 5. Consideration of request for extension of conditional use permit C-67-14 for day nursery at 273 Beech Avenue - Beverly Stiver Associate Planner Lee reported that this conditional use permit was originally granted in 1967, and subsequently extended for two year periods. He pointed out the general area is zoned R-3 but improved mainly with single family dwellings, with the exception of the Chula Vista Community Hospital across the street to the west. The Fire Marshall and State Licensing Division have approved this nursery school operation. Mr. Lee reported that two letters in opposition to the continued operation of the nursery school have been received from nearby residents, who object to the noise and to the inadequacy of offstreet parking for employees and for parents bringing or picking up the children. Although this was not a public hearing, the Chairman asked for comments from anyone in the audience desiring to speak. John Carty, 277 Beech Avenue, advised that he had purchased the adjacent property since the nursery school operation began, and objected to its continued use of the property due to the lack of offstreet parking. He reported that employees of the school, as well as parents, had frequently blocked his driveway making it impossible for him to get out. He also objected due to the noise and maintained that in excess of 20 children were attending the school. He also pointed out the unsatis- factory condition of the fence, maintaining this is not a safe enclosure for small children. The operator of the nursery school was not present to answer questions of the Commission. -5- 8/8/73 MSUC (Rice-Whitten) Consideration of the request for extension of the conditional use permit for a day nursery at 273 Beech Avenue be continued to the meeting of September 26, 1973. 6. Reconsideration of Precise Plan for development of Saratoga Canyon Apartments on Telegraph Canyon Road in R-3-G-P zone Director of Planning Peterson noted that this was previously considered by the Commission on July 25th and was continued to the meeting of September 12 for additional study and information. It is on tonight's agenda at the request of the applicant who is seeking approval subject to certain conditions, or a denial in order that he may make an appeal, if necessary. Mr. Peterson advised that the developer is proposing construction techniques which would result in a 30 dBA reduction in sound intensity through the walls. If that is acceptable, he suggested that the proposed plan could be approved subject to the conditions contained in the July 25th report and the additional conditions in tonight's report to assure this type of construction. Mr. Peterson called attention to a memo from the City Attorney received late today, with copies distributed to the Commission at the beginning of the meeting, in which the Attorney questioned the legality of requiring that the density be reduced below that which would be allowed in the R-3-G district. Mr. Peterson indicated he shares some of those legal reservations. The second point raised by the City Attorney was whether or not the Commission should get into the "nuts and bolts" of a solution to the noise problem. Mr. Peterson felt that if the Commission is concerned with the the noise they should make recommendations for conditions to alleviate this problem. He pointed out that a 30 decibel loss is a substantial sound attenuation; at this point the unknown factor is what sound level will exist outside of the walls of the buildings. Commissioner Rice questioned whether the City could furnish the inspection necessary to make sure that each condition was fulfilled in the construction in order to attain the 30 decibel loss. Mr. Peterson indicated that this may be something of a problem inasmuch as special inspections may be necessary but that this would be a problem in any event so that it need not hold up Planning Commission action. Close coordination with the Building Inspectors would be necessary. He indicated that the noise consultant, Dr. Young, had projected the ambient noise level to be 73 dBA at such time as traffic on Telegraph Canyon Road reached 57,000 cars a day. Staff could neither refute nor support that projection but if it is accurate, the recommended conditions of approval would reduce the sound level to 43 dBA inside the units, and that is an acceptable level. This seems to be about as far as the city can expect the applicant to go. He also pointed out that the maximum traffic projection is for 15 to 20 years in the future and it is impossible to know what other sound attenuating devices may be required on motor vehicles at that time. Commissioner Whitten asked if the staff had considered whether the proposed density of development is appropriate at this site. -6- 8/8/73 Mr. Peterson indicated he felt the density was too high, but pointed out the City Council had down-zoned the property from a higher permitted density and they reached what they felt to be a reasonable compromise; it would, therefore, be difficult for the staff to suggest a further down-zoning of the property. MSUC (Chandler-Rudolph) The Precise Plan for development of 16.7 acres by RESOLUTION NO. PCM-73-19 Saratoga Canyon Apartments be approved subject to the following conditions: 1. The location of the street entering the development from Telegraph Canyon Road shall be between 630 feet and 1150 feet west of the centerline of Oleander Avenue. NOTE: Only one break in the median between Halecrest Drive and Oleander Avenue will be allowed to serve both sides of Telegraph Canyon Road. It is essential that any Telegraph Canyon Road entrance to the commercially zoned property on the north side be constructed opposite the entrance to subject development. 2. The developer shall be responsible for one-half of the complete cost associated with the installation of a fully actuated traffic signal system at the intersection of the entrance road and Telegraph Canyon Road. 3. The Fire Department shall approve the street pattern and widths to insure adequate access by emergency equipment. 4. The site plan shall be revised to reflect a right of way width of 126 feet for Telegraph Canyon Road east of Oleander Avenue as indicated on the attached exhibit "B". 5. All utilities within the development and those within the south half of the right of way of Telegraph Canyon Road adjacent to the project shall be undergrounded. 6. Telegraph Canyon Road improvements shall include but not be limited to the following: curb and gutter, sidewalk, street lights, pavement (minimum width 32 feet), and drainage facilities. 7. The existing curb and gutter, sidewalk, drainage facilities and curb returns (at Oleander Avenue) in Telegraph Canyon Road adjacent to the property shall be removed and replaced so as to accommodate six lanes of traffic. The new curb position between Halecrest Drive and Oleander Avenue shall be 45 feet south of the centerline of Telegraph Canyon Road. The curb position east of Oleander Avenue shall be 46 feet south of centerline. 8. All street, sewer and/or drainage improvements within the development shall be subject to approval by the Director of Public Works. 9. All grading and slope planting shall be in conformity wi th the Grading Ordinance and the Landscape Manual. 10. The site plan shall incorporate the following revisions: a. Provision of a minimum of 107,400 sq. ft. of usable open space. "Usable" as applied in this sense generally means that the finished grade of open spaces shall be 10% or less. -7- 8/8/73 b. Revision of the pool and community center areas to provide a smaller size pool and community center at each location. c. Provision of additional pedestrian trails connecting the following areas: (1) Guest parking on internal street and dwellings on slope above and to the south. (2) Dwellings adjacent to 1-805 offramp and community center. d. Revision of the landscaping and irrigation plan to reflect the addition of retaining walls and buffer landscaping along the northern and western boundaries of the site. e. The site plan shall conform to Zoning Ordinance Section 33.901 paragraph 30. ll. Construction of the buildings shall adhere to the following elements for the attenuation of a 30 dBA noise loss through the walls: a. A forced air circulation system so that windows can be kept closed. b. l" thick sound absorbent lining of air ducts, etc. c. 1/2" thick material on inside and outside walls with 3" of fibrous thermal insulation between. d. Bends in ceiling and exhaust ducts to prevent direct line of sight transmission. e. Prohibition of direct openings from interior to exterior of the building (such as mail slots). f. Chimneys provided with well-fitting dampers. g. Exterior hinged doors of solid-core construction. h. Specified quality of workmanship around doors and windows to eliminate gaps. i. Window glass set in an elastomer gasket (or double glazing). j. Top floor construction of 5/8" plaster or gypsum supported on resilient clips or channels. k. Floor of lowers room to be a concrete slab. Note: The construction materials and techniques summarized above are described in more detail in Sec. 91.0806 (a), (b) and (c) of the draft of the San Diego Noise Ordinance on file in the office of the Secretary to the Chula Vista Planning Commission. 12. Outdoor recreation areas shall be screened with walls or berms and otherwise treated so as to minimize the effects of noise external to the area. Note: Five foot high solid block wall shall be required at westerly recreation