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HomeMy WebLinkAboutPlanning Comm min 1973/05/07 MINUTES OF A REGULAR MEETING OF TliE CITY PLAIINING COMMISSION OF CHULA VISTA, CALIFORNIA May 7, 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: Rice, Macevicz, Chandler, Rudolph, Swanson and Whitten. Absent (with previous notification) Member Wilson. Also present: Director of Planning Peterson, Associate Planner Lee, Environmental Review Coordinator Reid, Assist- ant Director of Public Works Robens arid Assistant City Attorney Blick. The pledge of allegiance to the flag was led by Chairman Rice, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Whitten-Chandler) The minutes of tile meetings of April 16 and April 23, 1973 be approved as mailed. Ilo oral communications were offered. PUBLIC ltEARING (Cont.): EIR-73-5 - Consideration of Environmental Impact Report of proposed project at northwest quadrant of I-5 and E Street - Street Properties, Inc. Director of Planning Peterson advised this report concerns a proposal for con- struction of a motel, restaurant and service station at the northwest quadrant of the intersection of I-5 and E Street. This hearing was continued from the meeting of April 23rd. Also pending is a General Plan amendment, change of zone and conditional use permit; these items were continued to the meeting of June 6, which is in error and should have been June 13 under the proposed new schedule of meeting dates. This change was discussed with the applicant who indicates this change is acceptable to him. Mr. Peterson requested that Com- mission action acknowledge that these hearings will be heard on June 13th. Mr. Peterson further advised there is still a moratorium on development in the Bayfron area pending some direction by the City Council on the Bayfront Study Plan. A conference has tentatively been scheduled for May 16th in the Council Chambers for a presentation of the study by the consultant to Council members, Co~nissioners and interested citizens. Enrivonmental Review Coordinator Reid reported that he had no additional com- ments on EIR-73-5, but with regard to the information on the processing of EIR's under interim procedures, he noted the following modifications: First, EIR-73-7 for the Vehicle Recycling Park ~till be set for public hearing on June 13th, and second, the Environmental Impact Report on the Fairway Downs project will be on the Commission agenda for May 21st. Mr. Reid indicated the staff recommendation is for adoption of EIR-73-5 as submitted to the Commission. Chairman Rice declared the continued public hearing on EIR-73-5 open. -2- 5/7/73 Paul Peterson, Attorney with offices in First National Bank Building, San Diego, indicated he represents Street Properties, and urged the Commission to follow the recommendation of the staff and adopt the Environmental Impact Report. As no one else wished to speak the public hearing was closed. Member Rudolph felt the report might have contained more in the sections deal- ing with long term uses and alternatives. She felt alternatives as discussed in the Bayfront Study should be discussed more thoroughly in a report of this type. Mr. Reid advised that when the Enrivonmental Review procedure is operating under the new guidelines soon to be adopted there will be more detail of this nature in the reports. MSUC (Whitten-Macevicz) Approval of EIR-73-5 on the proposed project for RESOLUTION IIO. EIR-73-5 Street Properties, Inc. at the northwest quadrant of I-5 and E Street. PUBLIC HEARING (Cont.): VARIANCE - PCV-73-4 - Request for reduction in front yard 25' to 15' and side yard 25' to 10' in R-3 zone at 223 Uavidson Street - A1 A. Sharamitaro Director of Planning Peterson advised this is a request that the normal yard requirements as established by the Zoning Ordinance for the R-3 zone prevail and that the setbacks established by the Building Line Map be waived in this case. Associate Planner Lee indicated on a plat the location of the property and surrounding zoning and land use. He also displayed a plat of the proposed development which will include removal of the existing structure and its replacement with a two-story 5-unit apartment building, with one unit, patio area and access to parking occupying the lower floor, and 4 units on the second floor. The lot coverage is the maximum allowed by ordinance. Mr. Lee also pointed out that the open space provided in this development is largely in tile front setback area, which amounts to 80% of the total open space on the property. Mr. Lee reviewed the findings and four conditions recommended for approval of this request. In response to a question from Commissioner Rudolph, Mr. Lee advised that during consideration of the comprel]ensive Zoning Ordinance in 1969, the staff had recommended that the front setback not be considered as usable open space, but the Commission at that time felt they did want to include the front yard as open space. Commissioner Rudolph requested that further consideration be given to this regulation at a study meeting in the future. Commissioner Macevicz questioned the advisability of having this area zoned R-3. -3- 5/7/73 Mr. Lee advised that since it is close to the downtown business area there has been no interest in rezoning it back to R-1. Chairman Rice reopened the public hearing. Bill O'Keefe, associate of Mr. Sharamitaro, discussed the development plans and expressed the opinion they are upgrading the property by removing the old house and constructing a new structure which adheres to the setback regulations for the R-3 zone. He expressed concurrence with the conditions recommended by the staff. Frank Sipan, 230 Twin Oaks, questioned why this property should be developed with a 10 ft. setback from Twin Oaks when all other structures along the street observe a 20 foot setback. Associate Planner Lee advised that the existing setback was established by the Building Line Map but this map is being phased out with the redevelopment of property under new zoning regulations. Mrs. Frank Sipan objected to the increase in density which this development represents and expressed the opinion it would increase parking and traffic problems in the area. As no one else wished to speak, the public hearing was closed. Member rlacevicz questioned whether it is necessary to allow the maximum density and maximum lot coverage on this property. MSUC (Chandler-Whitten) Approval of PCV-73-4 subject to the following RESOLUTION NO. PCV-73-4 conditions: 1. The proposed architecture shall incorporate the use of wooden spindles or wrought iron around the window areas facing Twin Oaks and Davidson. 2. Balconies shall be provided for the upper units adjacent to Twin Oaks Avenue. The balconies shall measure 4' X 10' and shall be designed to be architecturally compatible with the building. 3. The second story levels facing the streets shall be cantilevered 2 feet beyond the first story. 4. The mansard roof shall be increased to a minimum width of 3 feet. Findings are as follows: a. That the strict application of the zoning regulations or requirements would result in particular difficulties or unnecessary hardships inconsistent with the general purpose and intent of the regulations. The existing setbacks will not permit the maximum lot coverage of 50%. b. That there are exceptional circumstances or conditions applicable to the -4- 5/7/73 property involved or to the intended use or development of the property that do not apply generally to other property in the same zone or neighborhood. Recent rezonings are establishing 15' front yard setbacks and lO' exterior side yard. c. That the granting of a variance will not be materially detrimental to the public welfare or injurious ~o property or improvements in such zone or neigh- borhood in which the property is located. The existing dwelling presently maintains a 15' setback on Twin Oaks Avenue. The reduction of the front yard setback from 25~ to 10' will not detri- mentally affect adjacent properties. d. That the granting of a variance will not be contrary to tile objectives of the General Plan. The motion carried by the vollowing vote: AYES: Members Chandler, Whitten, Swanson, Rudolph and Rice NOES: Member Macevicz ABSENT: Member Wilson PUBLIC HEARING: a. EIR-73-6 - Condideration of Environmental Impact Report of proposed project at southwest corner of I-5 and E Street - Hardin9 Campbell and Anthony's Fish Grotto b. PCM-73-10 - Consideration of cha~ge in General Plan for one acre at 215 BaS Blvd. from Industrial to Visitor Commercial c. REZONING - PCZ-73-I - 215 BaS Blvd., I to C-V-P - Hardin9 Ca~gbell Director of Planning Peterson recommended that the public hearing for consider- ation of the General Plan amendment and rezoning be continued to the meeting of May 21, 1973, with the hope that direction will be given by the Council at their meeting on May 16 when they consider the Bayfront Study, but if such direction is not given, these hearings may have to be continued again. Mr. Peterson felt there is no need to continue the Environmental Impact Report and advised that Mr. Reid has no additional comments to make on that report unless there are questions. Commissioner Macevicz disqualified himself from discussion or voting on this proposal. MSUC (Whitten-Rudolph) The public hearing on PCM-73-10 for consideration of General Plan amendment be continued to the meeting of May 21, 1973. MSUC (Rudolph-Chandler) The public hearing for rezoning PCZ-73-I, at 215 Bay Boulevard for Harding Campbell, be continued to the meeting of May 21, 1973. -5- 5/7/73 Member Macevicz abstained from voting on the foregoing motions. This being the time and place as advertised, the public hearing for considera- tion of Environmental Impact Report EIR-73-6 was opened. Michael Weber, partner in the firm of Haugh, Richards and Weber, advised they had prepared the report and are present to answer any questions of the Com- mission. As no one else wished to speak, the public hearing was closed. MSUC (~hitten-Rudolph) EIR-73-6 be adopted as the City's Environmental Impact Report for the proposed project at 215 Bay Boulevard. Member Macevicz abstained from voting on the motion. PUBLIC HEARING: CONDITIONAL USE PERMIT - PCC-73-7 - Request to construct loadin~ dock~ warehouse and office for truck terminal and industrial park at Trousdale Drive and Press Lane in I-L-F zone - Dunphy Construction Co. Director of Planning Peterson noted that the reason for the conditional use permit requirement is the location of the property in the flood control zone. He reported that the Public Works Department expressed concern that the pro- posed building does not fulfill the requirements of the Flood Control District in the Zonin9 Ordinance. Three alternatives are recommended in this matter; That the application be denied, that it be deferred until such time as the flood control channel is assured, or thirdly that it be continued for a period of time to allow the applicant to make the necessary engineering calculations which could be reviewed by staff to determine the degree to which those build- ings would impede flood waters as they would flow through this area. Assuming the latter course of action, Mr. Peterson suggested June 13 as the earliest date by which the applicant could make those computations and get them to the staff for checking. Dean Dunphy, President of Dunphy Construction Company, expressed preference for the third alternative in order that he may endeavor to meet the require- ments. He pointed out the configuration of the channel has already been altered by construction taking place at I-5. He felt that construction will have some effect on the upstream flow of the channel so it will be a problem to come up with the calculations, but it is a way to proceed so he concurred with the continuance to June 13th. MSUC (Chandler-Macevicz) The public hearing on consideration of PCC-73-7 be continued to the meeting of June 13, 1973. PUBLIC HEARING: CONDITIONAL USE PERMIT - PCC-73-13 - Request to operate halfway house for recuperative patients from hospitals, 380 Broadway - Roy Adams -6- 5/7/73 Director of Planning Peterson reported this is a proposal to convert 26 motel units to a halfway house use in phase one, with the ultimate conversion of the entire 72 units to the same use. He advised that the staff had worked with the applicant in developing a modified site plan which they feel can begin to fulfill the needs of the people who would be making use of this facility. Mr. Peterson pointed out tile staff had formerly recommended denial for a similar application but there was an indication by the Commission that some use of this nature may be suitable in this location so the staff has prepared con- ditions for approval which they feel would make the use an acceptable one in this location. Mr. Peterson also acknowledged receipt of a letter of protest from Mr. Fick and, at the request of the Commission, read the four-page letter which based the protest on the types of patients, i.e., heroin addicts, alcoholics, mentally retarded and mentally ill, who would use the facility, also on the lack of safe- guards to the surrounding area and residents. Commissioner Swanson noted that this proposal is still for dual use of tile facility--public motel and residential care--which he felt is not desirable. Attention was called to a proposed fence to separate the yard area of the two uses. This being the time and place as advertised, the public hearing was opened. Burton Shamsky, attorney, llll North Acacia Avenue, Solana Beach, representing the applicant, stressed that the residential care facility and the Chula Vista Motel are two separate operations and will be identified with signs to prevent any confusion for people looking for accommodations. Mr. Shamsky also refuted the allegations made in the letter as to the type of patients who would be cared for, stating there would be no heroin addicts, alcoholics or mentally retarded persons. The facility will take only those persons who have been certified by a doctor as being able to return to society. He indicated the reason for not converting the entire property to residential care at this time is one of economics. Steve Tetterington, program director for the Vista, reported that this is a pilot project for this type of care and they feel it is advisable to operate on the smaller scale of 26 units at the present time, with an opportunity to expand when it is determined the operation is successful. Ray Bryant, representative of Machinists Union, with offices across the street, indicated he is attending the meeting to obtain information to relay to the membership. He expressed the hope the matter might be continued. He also indicated he had not been aware that such an operation was in existence across the street from their property. Gerald Fick, 352 Broadway, stressed two panhandling incidents in which he had been involved with patients from this facility and urged the Commission to deny the application. -7- 5/7/73 Burton Shamsky asserted that any patients involved in violations of the law are sent back to the State. He again stressed that few problems arise from the operation of facilities of this type. Commissioner Swanson raised a question as to how many of these facilities might be located in Chula Vista and where the patients would originate from. He indicated he could not support this if it is a statewide institution. Mr. Shamsky indicated the majority of the patients would be from the South Bay area. Roy Adams, llO L Street, the applicant, reported that narcotics arrests have been made at public motels; also that since this residential care facility has been in operation, since November 17th, he, in operating the adjacent motel, had experienced no problems whatsoever from the patients due to the physical layout of the property. As no one else wished to speak, the public hearing was closed. Commissioner Rudolph acknowledged the necessity for a facility of this nature in Chula Vista and felt this location is as good as can be found right now. She felt the amended plan A, as recommended by the staff, is the most desirable and that it does provide for separation between this facility and the motel. Commissioner Whitten still maintained that if a conditional use permit is ap- proved for this use it should encompass the entire property at the start. MSC (Whitten-Macevicz) The application for conditional use permit PCC-73-13 to operate a halfway house at 380 Broadway be denied. The motion carried by the following vote: AYES: Members Whitten, Macevicz, Swanson, Rice and Chandler NOES: Member Rudolph ABSENT: Member Wilson Chairman Rice advised the applicant of his right of appeal to the City Council within ten days. PUBLIC HEARING: VARIANCE - PCV-73-7 - Request for duplex use in R-1 zone, 494 First Avenue - William J. Rutkowsks Director of Planning Peterson reported that the applicant was advised prior to filing the application that the staff recommendation would have to be for denial since this constitutes a use variance which is not legal under the Zoning Ordinance. However, the applicant indicated his desire to file the ap- plication and be heard by the Conmlission. The staff recommendation is for denial. This being the time and place as advertised, the public hearing was opened. -8- 5/7/73 William J. Rutkowsky, 494 First Avenue, reported that this residence contains two units but has been served by only one kitchen. He is now requesting a variance in order to use two kitchens so that one unit can be rented. This was formerly occupied by members of tile family, but there are only two persons ill tile large residence now. He indicated there is adequate parking and a wall between this property and the neighbors at the rear and side. This property is a corner lot. Director of Planning Peterson reported the receipt of a petition of protest signed by the occupants of ll properties in the vicinity and one letter of protest signed by 5 residents. Joe I~avarra, 113 Otis Street, expressed concern about the offstreet parking on the lawn, and asked that the Commission deny the application. C. R. Duffy, 107 H Street, noted that this property is in the hub of an R-1 zone and duplex use should not be permitted. Herve Forten, 115 H Street, also expressed the desire to keep the neighborhood R-l, noting there is no onstreet parking on tt Street. Bob McGinnis, 109 Otis Street, reported he is the originator of the petition bearing 11 signatures. He asserted if this variance is approved it will open tile door for other people to create multiple family use in this single family area. Judy Stubbs, 108 Otis Street, also expressed opposition to tile granting of this variance based on the objections voiced by previous speakers. Mr. Rutkowsky again maintained there is adequate space for parking, with two spaces in the carport and two on the apron. As no one else wished to speak, the public hearing was closed. MSUC (Chandler-Whitten) The application for variance PCV-73-7 be denied based on the finding of no hardship peculiar to this property and that approval of tire request would have constituted a use variance which is prohibited by Section 33.1307 of the Zoning Ordinance. Consideration of vacation of right of waS at southwest corner of Otas Valles Road and Main Street - PCIq-73-9 Director of Planning Paterson reported this is a minor vacation necessitated by the proposed widening of Main Street as a condition of the development of Rancho Rios Unit 2. MSUC (Ilacevicz-~hitten) Recommend to tile City Council the vacation of right of way at the southwest corner of Otay Valley Road and Main Street - PCM-73-9. -9- 5/7/73 Consideration of request for one sear extension on variance PCV-71-9 - Milford Mayo Director of Planning Peterson noted this variance was initially approved in 1971 and was extended for one year in 1972. The property has changed hands and apparently the owner is prepared to go ahead with development. An additional one year extension is recommended. MSUC (Whitten-Macevicz) A one year extension of time be approved for variance Resolution PCV-71-9. Consideration of request for one sear extension on Conditional Use Permit PCC-72-14 - Bond, Ltd. Director of Planning Peterson reported this conditional use permit was approved in 1972 and has not been used, but since conditions in the area have not changed, a one year extension is recommended. MSUC (Whitten-Rudolph) A one year extension of time for conditional use permit resolution PCV-72-14 be approved. Consideration of request for one sear extension on variance PCV-66-14 - Rohr Corporation Director of Planning Peterson advised that the attorney for Rohr Corporation has asked for a two week continuance on this item. Commissioners Rice, Chandler and Rudolph indicated they would abstain from participating in discussion or action on the request for a one year extension. Due to Commissioner Wilson's absence this would not leave a majority of the Commission to act upon the request. Mr. Wilson had previously indicated he would be absent from meetings from May 7 through May 21. The Assistant City Attorney advised that consideration of the request be continued until June 13 when Commissioner Wilson will be present. MSUC (Whitten-Macevicz) Consideration of the request for a one year extension on variance PCV-66-14 by Rohr Corporation be continued to the meeting of June 13, 1973. Director's Report Director Peterson advised the Commission of efforts being made to set a Council Conference for May 16 at 7:00 p.m. for a presentation by the consultant on the Bayfront Study Plan. He requested that the Commissioners attend this conference if possible. Mr. Peterson also reminded the Commission of the necessity to reschedule the continued public hearings for consideration of General Plan amendment, rezoning, -10- 5/7/73 and conditional use permit application filed by Street Properties, Inc. to the meeting of June 13. MSUC (Rudolph-Whitten) The public hearings for consideration of PCM-73-8, general plan amendment, PCZ-73-G, rezoning, and PCC-73-8, conditional use permit at 789 E Street for Street Properties be scheduled for the Planning Commission meeting of June 13, 1973 rather than June 6 as previously in- dicated. Commission Comments Chairman Rice reported the receipt of a memo from the Chairman of Human Relations Commission concerning a meeting of "Equal Housing Opportunity" to be held at 7:30 p.m. on Wednesday, May 9. Chairman Rice asked Commissioner Rudolph to attend that meeting in his place since he would not be able to attend. ADJOURNMENT Chairman Rice adjourned the meeting at 9:45 p.m. to the meeting of May 14, 1973. Respectfully submitted, iiel en Mapes Secretary