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HomeMy WebLinkAboutPlanning Comm min 1973/04/16 MINUTES OF A REGULAR ADJOURNED MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA April 16, 1973 The regular adjourned 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, Wilson and Swanson. Absent (with previous notification) Member Whitten. Also present: Director of Planning Peterson, Associate Planner Lee, Assistant Director of Public Works Robens and 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 Member Rudolph requested that a correction be made to the minutes of the meeting of March 26, concerning Sports World, on page 7, to reflect the reason which she gave for her vote on the motion to deny the proposed modification to the P-C development plan. She reported her statement had been: "This proposal is not all in conformance to the General Plan. I believe this is just what AB 1301 was speaking to. A General Plan is a concept for a city, drawn up by citizens, city officials and consultants. It should be flexible enough to change as needed; but to basically alter it, to change the concept without the same review given during its adoption, is to lessen its importance, if not render it meaningless. I happen to believe that a General Plan written in 1964 should be given that review now; but until it is , I believe this body is bound by AB 1301 to act in accordance with the General Plan we have." MSUC (Macevicz-Wilson) The minutes of the meeting of March 26 be approved with the correction requested by Member Rudolph and the minutes of the meeting of April 2 be approved as mailed. PUBLIC HEARING (Cont.): REZONING - PCZ-73-C - Pro~ert~ on east and west side of Walnut Avenue, north of Palomar - R-3 and I-L to C-T-P Director of Planning Peterson advised that the staff report is not complete for this consideration and it is recommended that the hearing be continued to the meeting of May 7. He noted that the General Plan was recently amended to change the designation of these properties from Industrial to Thoroughfare Commercial, however, it is the staff's opinion that Thoroughfare Commercial zc, ning is not appropriate for property on this dead end street and light industrial use would be more likely for this location. Light industrial use would also tend to generate less traffic than thoroughfare commercial use, and if the Commission wishes to consider that alternative the public hearing should be readvertised. Chairman Rice asked for the consensus of the owners present regarding a continuance of the hearing. -2- April 16, 1973 John McLeod, La Jolla, indicated he felt industrial use is the most appropriate and while he would like to have the matter settled he would consent to a contin- uance to May 7 if that is required for readvertising. Bill Richardson, owner of a portion of the property, indicated he would be out of town at that time and asked that the hearing be continued to May 21, 1973. MSUC (Macevicz-Chandler) The public hearing for rezoning PCZ-73-C be continued to the meeting of May 21, 1973 and readvertised as necessary. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - PCC-72-31 - Request to o~erate auto body repair and ~aint shop at 24 Broadway - Manual Machado Associate Planner Lee noted the location of this operation at the rear of Chula Vista Blueprint with entrance from Seavale Street and abutting single family residences to the west, with mobile home parks to the south and north. Mr. Lee advised that a conditional use permit for major auto repair at this location was approved in December, 1970 at which time the applicant stated there would be no body work or painting. In June 1972, a new business license and zoning permit for auto body and paint work was requested and issued. After a complaint was received regarding excessive noise, the present applicant was advised to cease the body shop operation and apply for a conditional use permit if he wished to continue. The hearing has been continued a number of times since it was originally scheduled on October 30, 1972, to allow the applicant to prepare environmental assessment information and to process through the Air Pollution Control District. Since this use is oriented toward residential development it is the staff's opinion that this type of operation is undesirable at this location; it is, therefore, recommended that the application be denied. Chairman Rice opened the continued public hearing. William V. O'Neal, attorney for the applicant, advised that the complaint regarding noise was made at the time the R and W Body Shop was operating as a partnership and work was being done late at night without the knowledge of Mr. Weese, the present operator. He assured that this practice has been discontinued and that a modern paint booth has been installed. He reported that a permit to operate has been issued by the Air Pollution Control District. Werner Hirzel, 618 Seavale, reported that while painting may be done in the booth, the filters are hosed off out in the open sending fumes and dirty water toward the houses. He also advised that some painting is done out in the open and projected pictures of such work being done outside. He also played a tape recording of the noise caused by the hammering and machinery used in the body repair work. He contended this operation makes living conditions unbearable in the location of his property. Anita Hirzel, 618 Seavale, further testified as to the fumes from the painting operation, stating this makes it impossible to use their rear yard or patio area or to open windows on that side of the house. She also testified it is impossible to use the telephone in rooms on that side of the house. As no one else wished to speak the public hearing was closed. - -3- '~ April 16, 1973 Members Macevicz, Rudolph, Rice and Chandler expressed the opinion that this use is not desirable with its present orientation toward residential development. Member Wilson noted that the use is apparently appropriate since it is not in violation of the provisions for the C-T zone. MSC (Rudolph-Macevicz) The application for PCC-72-31 for the operation of an auto body repair and paint shop at the rear of 24 Broadway be denied due to the following findings: 1. The location of this facility at this particular location is undesirable due to the orientation of the operation toward adjacent residential areas. 2. The proposed use will be detrimental to the health, safety, and general welfare of persons residing in the vicinity since there is not adequate buffering of the operation from the adjacent residential uses. The motion carried by the following vote: AYES: Members Rudolph, Macevicz, Chandler, Rice and Swanson NOES: Member Wilson ABSENT: Member Whitten Chaiz~an Rice notified the applicant of the right of appeal to the City Council within ten days. PUBLIC HEARING: CONDITIONAL USE pERMIT - PCC-73-10 - Re~est to contstruct and o_~erate self-service_~soline station at 950 Industrial Boulevard - Mobil Oil Corporation. Associate Planner Lee noted the location of the property on the west side of Industrial Boulevard, just north of the on-ramp to I-5, pointing out that the adjacent property within this quadrant of I-5 and L Street is vacant, with some light industrial use and equipment rental operation at the north end of the area adjacent to L Street. Mr. Lee advised that the staff believes a sound, overall limited industrial plan for this site would be preferable to developing limited industrial uses around a retailco~ercial service station. He also noted there is no conclusive evidence that this service station is required by public convenience since there are presently four stations at the nearby intersection of Broadway and L and a total of 78 stations serving approximately 73,000 residents of the city which is a higher ratio than deemed feasible by recently published planning studies. It is, therefore, the recor~nendation of the staff that this application be denied. This being the time and place as advertised, the public hearing was opened. Dave Garrison, Anaheim, acting as an agent for Mobil Oil Corporation, pointed out the need for a self-service facility since no others exist lin this vicinity, and it has been the experience of that company that self-service operations have increased business an appreciable amount. He contended that an on-ramp to a -4- April 16, 1973 freeway is a desirable location for such an operation due to the large volume of traffic, which he indicated is about 9,000 cars at present and projected to increase to 12,000 by 1975. Robert Carlin, a partner in the firm of Carlin Construction Company which owns the property, discussed development plans and introduced evidence that this site has in the past been classified as suitable for a service station site by the Division of Highways, an appraiser, the County Assessor, representatives of the Planning Department of the City and two major oil companies who have expressed an interest in developing this vacant land for that use. Mr. Carlin presented estimates made by Mobil Oil Corporation of the amount of business they would anticipate at this freeway location and the amount of revenue this would net the City. He felt this would exceed the revenue to be realized from industrial development of the property. Andy Hedblom, Senior Real Estate Representative for Mobil Oil Corporation, expressed confidence that he is qualified to select an excellent service station site and he considers this is one. He indicated they find freeway intersections to be especially profitable for thais business since all stations they have constructed at ramp locations have been successful. Kathryn Moore, 1134 Tobias Drive, questioned the need to construct additional service stations in light of the reported shortage and possible rationing of gasoline. She expressed the opinion there should be no more service stations in the City of Chula Vista or in the surrounding County area. Member Swanson asked what use is anticipated for the 10,000 square foot area left vacant to the south of the service station. Mr. Carlin indicated this will be restricted to parking only. As no one else wished to speak, the public hearing was closed. Associate Planner Lee reported that the staff has worked for a long time with Mr. Carlin on the development of this site and that staff has cautioned him that since service stations are subject to a conditional use permit which means the applicant is required by ordinance to show that it is a necessary use for public convenience. MSC (Chandler-Wilson) The application for PCC-73-10 to construct a self-service gasoline station at 950 Industrial Boulevard be denied, based on the finding that industrial development in accordance with the General Plan is more appropriate in this location and it has not been established that the proposed use is required by the public convenience as required by the zoning Ordil~ance. The motion carried by the following vote: AYES: Members Chandler, Wilson, Macevicz, Rice and Rudolph NOES: Member Swanson ABSENT: Member Whitten Chairman Rice advised the applicant of the right of appeal within 10 days to the City Council. The meeting recessed at 9:05 and reconvened at 9:20 p.m. -5- April 16, 1973 PUBLIC HEARING: CONDITIONAL USE PERMIT - PCC-73-9 - Request to construct new ~ro~ection, snack bar and restroom facilities in Flood Plain District at the southwest quadrant of 32nd and D Avenue - Harbor Drive-In Theater. Associate Planner Lee reported that the new State Highway 54 right of way is taking a portion of the property occupied by the Harbor Drive-In Theater which will remove the existing projection booth. It is proposed to construct one new building to replace the projection booth and the snack bar/restroom facilities. Since the proposed building will be at a higher level and will offer less hindrance to the flow of flood waters than the existing buildings, approval is recon~ended subject to the conditions stipulated by the Director of Public Works for sewer connection and anchoring the building. This being the time and place as advertised, the public hearing was opened. Charles Tyler, General Manager of Eldorado Enterprises, representing Harbor Drive-In Theater, discussed their development plans, pointing out the building will be anchored to concrete blocks to preclude any danger of floating away. He noted that the Sweetwater Flood Control District has required a 25 foot easement for a new sewer line which will be located behind the proposed new structure and will permit traffic circulation around the building. As no one else wished to speak, the public hearing was closed. MSUC (Macevicz-Rudolph) Approval of PCC-73-9 to construct new projection, RESOLUTION NO. PCC-73-9 snack bar and restroom facilities in the Flood Plain District at the southwest quadrant of 32nd and D Avenue, subject to the following conditions: 1. The building sewer shall connect to the existing sewer line in D Avenue (5th Avenue in Chula Vista) and shall be constructed so as to permit subsequent connection to the proposed sewer line paralleling the future freeway right of way. 2. The building shall be firmly anchored to prevent the struoture from floating away and thus threatening to further restrict bridge openings and other restricted sections of the channel or open space. Findings for approval are: a. The proposed structure will replace the present outmoded facilities that are subject to inundation. b. The proposed building offers less hindrance to the flow of flood waters than the existing buildings which will be removed. PUBLIC HEARING: VARIANCE PCV-73-5 - ReQuest to use trailer as temporary office at 352 H Street - Chula Vista Savings and Loan Association Director of Planning Peterson reported that although the staff had some misgivings about the use of a trailer as a temporary building, it must be recognized that banks sometimes find it desirable to begin operations within a short period of time after the State gives them approval which may preclude construction of permanent buildings. In the case of banks it makes sense to approve a temporary facility, such as a trailer. Mr. Peterson called attention to the list of -6- April 16, 1973 conditions recommended in order to alleviate certain problems pertaining to the site, for the temporary facility and for permanent development. S~bject to those conditions, the staff recor~mends approval of the request. This being the time and place as advertised, the public hearing was opened. Richard Greene, 4910 Chapman Street, San Diego, architect representing the applicant, asked for instructions or guidelines on the screening the trailer and it was suggested that he consult with the staff during office hours. Mr. Greene also called attention to their request to install a sign on the site. Associate Planner Lee indicated the location for the proposed ground sign to be located between the two access drives. He noted it was the staff's recommendation that the sign be reduced from the proposed 50 sq. ft. to 25 sq. ft. Joe Casillas, 215 Beech Avenue, representing Chula Vista Savings and Loan Association, expressed general agreement with the reco~endations of the staff, and his opinion that this development will enhance the community and will in no way be detrimental to the surrounding area. Olympia Intrieri, 515 Glover Avenue, owner of the adjacent property to the south, advised there is a wooden fence along the property line between the two properties and if this fence is to be replaced with a block wall, she felt such wall should extend for the entire length of her property so it would be uniform. Mr. Casillas pointed out the bank does not presently own the most westerly parcel adjacent to Mrs. Entrieri's, although they may negotiate to acquire this property, and if they do so they will extend the block wall. As no one else wished to speak, the Public hearing was closed. MSUC (Chandler-Wilson) Approval of application PCV-73-5 to use a trailer as a RESOLUTION PCV-73-5 temporary bank facility at 352 H Street, subject to the conditions enumerated in the staff report and incorporated in the resolution. Findings for approval are as follows: a. It would place an unnecessary hardship on the applicant to require a permanent building during a period in which the number of customers may be minimal. b. There have been two banks in Chula Vista that have opened with temporary facilities in lieu of permanent. c. The temporary building will still be required to comply with all sections of the Zoning Ordinance. PUBLIC HEARING: VARIANCE PCV-73-6 - Request for increased sign area for two signs at 801 Broadway - California Neon Products Associate Planner Lee noted that the applicant is requesting approval of a 21 ft. high directional sign containing 36 sq. ft. and a 47 ft. high identification sign containing 245 sq. ft., both of which would replace existing signs. The new designs are offered by General Motors for Chevrolet dealers. Mr. Lee pointed out that under ordinance limitations a directional sign may be a maximum of -7- April i6, 1973 10 feet high and 10 sq. ft. in area, and a freestanding sign 47 feet high may be a maximum of 210 sq. ft. in area. He further reported there presently are over 30 freestanding signs on Broadway between J and L Streets, of which only two exceed 50 feet in height and both are subject to abatement. He further noted there are only 6 signs in the area over 35 feet in height and the mean height is 38 feet. In view of this the staff has recon%mended denial of the variance request based on the fact there is no hardship related to this property to justify such a variance. It is further recommended that a freestanding sign on Broadway be limited to 35 feet in height and 150 sq. ft. in area. This being the time and place as advertised, the public hearing was opened. John Mullins, 707 Broadway, Chevrolet Division of General Motors, reported that in 1968 the General Motors Corporation introduced a universal sign program for all General Motors dealers throughout the United States; at present 50% of the dealers are using this sign program. He advised their program includes 4 different signs, one of which is the sign approved by the City for the used car sales across the street from this location. He noted that the proposed sign is smaller in size and will be at a lower height than the existing sign; he also felt it is more attractive and a better representation for a Chevrolet dealership. He indicated the main identification sign is under the standard sign program but the sign for the service entrance was designed especially for this location. Corky Schauer, California Neon Products, noted that the existing slgn is 60 feet high and contains 400 sq. ft. and although it is subject to abatement, it may remain until May, 1979, or six more years. He requested approval of the 47 foot high, 245 sq. ft. sign to replace this existing sign. He also felt the size of the Chevrolet establishment should be taken into consideration in approving the sign. Mr. Yanosov, 796 Ash, raised objection to the many signs and bright lights which are there presently. As no one else wished to speak, the pUblic hearing was closed. Member Wilson asked for a clarification on the ordinance provisions, and the excess of the sign requested over what is allowed by ordinance. Associate Planner Lee pointed out the freestanding sign requested is 20 sq. ft. in excess of the area allowed for a 50 ft. high sign and at a lower height the area must be reduced. He also noted a directional sign is limited to 10 sq. ft. and the applicant is requesting 36 sq. ft. Mr. Lee also advised that approval of signs is under the jurisdiction of the Zoning Administrator and in so doing he must take into consideration the surrounding area. In this case it is felt the freestanding sign should be limited to 35 feet in height to be compatible with other signs in the area. MSC (Rudolph-Macevicz) Application for variance PCV-73-6 be denied since no justification has been found to increase the area of either sign or the height of the directional sign, and the applicant be advised that the freestanding sign on Broadway should be limited to 35 feet in height and 150 sq. ft. in area and the directional sign on K Street to a maximum height of 10 feet and maximum area of 10 sq. ft. The motion carried by the following vote: -8- ~pril 16, 1973 AYES: Members Rudolph, Macevicz, Chandler, Rice and Swanson NOES: Me~er Wilson ABSENT: Member Whitten Chairman Rice advised the applicant of the right of appeal to the City Council within 10 days. PUBLIC HEARING: PCA-73-1 - Consideration of amendment to Zoning Ordinance to include ambulance service in unclassified use section. Director of Planning Peterson reported that the City Council adopted, on an emergency basis, an amendment to include ambulance service in the ~anclassified use section. This action must be formalized through public hearings before the Planning Commission and City Council to adopt a permanent amendment. The public hearing was opened and as no one wished to speak, the hearing was declared closed. MSUC (Wilson-Macevicz) Recommend to the City Council the adoption of an RESOLUTION NO. PCA-73-1 amendment to the Zoning Ordinance, PCA-73-1, to include ambulance service in the unclassified uses section. PUBLIC HEARING: CONDITIONAL USE PERMIT - PCC-73-11 - Request to operate ambulance service in C-O zone at 642 Third Avenue - Bay Cities Ambulance Service Director of Planning Peterson advised that this is an appropriate use in this location even though it is adjacent to an existing single family home. He further commented on the handsome structure and for this reason the staff has recommended against the construction of a carport in front of the structure. He also noted a correction to Condition 5 recommended for approval of the request, which should read 10 sq. ft. maximum area for a ground sign. It is felt the recommended conditions will make this use compatible with the existing adjacent home and will make maximum use of the existing structure. This being the time and place as advertised, the public hearing was opened. Steve Ballard, applicant, commented it is their normal policy not to use sirens prior to reaching the first major intersection, however, in the event heavy traffic would hinder getting out with an ambulance there should not be a restriction against using the siren. Assistant City Attorney Blick suggested that the condition be revised to read: "Under normal operating conditions sirens shall not be used prior to reaching the first intersection on Third Avenue." With reference to the location of the carport to house the ambular~ces, Mr. Ballard indicated he does wish this to be located at the front of the structure. It would accommodate four ambulances in a manner so that only two are visible from the street. He felt this is a reasonable request in place of a large sign to advertise the business. He pointed out the structure is set back 55 feet from the street -9- April 16, 1973 and the property contains 82 1/2 feet of frontage. Constructing a carport 46 feet by 25 feet at one end and 30 feet at the other will leave ample front yard area for landscaping including the retention of three large existing palm trees. The Commission determined there would be advantages to having the ambulances parked at the front of the structure, and revised condition (4) to permit this. MSC (Macevicz-Wilson) The application for PCC-73-11 be approved subject RESOLUTION PCC-73-11 to the following conditions: 1. Under normal operating conditions, sirens shall not be used prior to reaching the first intersection on Third Avenue. 2. Any additions to the existing structure shall conform to the established Spanish architecture. 3. Prior to the issuance of any building permit, a landscaping and irrigation plan shall be submitted incorporating all large trees existing on the site. 4. A revised plot plan shall be submitted in accordance with Amended Exhibit A, except that a carport to house four ambulances may be constructued in front of existing structure; design of carport shall provide for the exposure of two ambulances from the street frontage and shall adhere to Condition 2 above. Plot plan shall provide for parking spaces as follows: One space for each emergency vehicle; one space for each on-duty employee; and two guest spaces. 5. All signs proposed for this site shall be submitted for staff approval in keeping with requirements of the C-O zone; because of the substantial building setback, a ground sign up to a maximum area of 10 sq. ft. may be considered within the front yard area. Findings for approval are: a. The site is centrally located and will allow the City's only ambulance service to better serve the community. b. Submission of a revised plot plan in accordance with Amended Exhibit A and the operation of the use in accordance with the recommended conditions of approval will not have a detrimental effect on the neighborhood or community. c. Ambulance service is now an unclassified use and accordingly will not adversely affect the General Plan. The motion carried by the following vote: AYES: Members Macevicz, Wilson, Chandler, Rice, and Swanson NOES: Member Rudolph ABSENT: Member Whitten Consideration of Petition for Hom's Third Avenue Annexation Director of Planning Peterson indicated the location of an L-shaped parcel east -10- April 16, 1973 of Third Avenue, south of Quintard. He reported that the owners of adjacent - properties at the corner of Third and Quintard were contacted to determine if they wish to annex to the City at this time and indicated they do not wish to do so. MSUC (Wilson-Rudolph) The boundaries of Hom's Third Avenue Annexation be approved and the staff directed to file the annexation request with LAFCO. Consideration of whether County of San Diego's acquisition of property for park purposes would be in conformance with Chula Vista General Plan. Director of Planning Peterson advised that inasmuch as the park use would be less intensive than the literal General Plan designation of "Residential", it is felt that the acquisition of the 22 acres for inclusion in the Sweetwater Regional Park would be in conformance with the General Plan. MSUC (Chandler-Rudolph) The County of San Diego be advised that the acquisition of 22 acres west of Rohr Park for regional park purposes would be in conformance with Chula Vista's General Plan. Commission Con~nents Commissioner Rudolph reported that the ASPO conference which she recently attended in Los Angeles was fine and one session in particular on the role of Planning Commissioners was very helpful and she is sending for taped recordings of this session so it could be shared by the other Commissioners. Commissioner Rudolph called attention to the fact an item on the City Council agenda for the following night is consideration of support for SB 502, Federal Highway Act of 1973, which would permit $850 million to be used in urban areas for transit if those areas so choose. Members Wilson and Swanson concurred with Member Rudolph's suggestion and indicated the expression of interest and support should be very broad. MSUC (Rudolph-Chandler) The Planning Commission recommends that the City Council urge all California legislators to diligently support legislation to permit the use of Federal Highway Trust Funds for the development of mass transit systems. ADJOURNMENT The meeting was adjourned by Chairman Rice at 11:00 p.m. to the meeting of April 23, 1973. Respectfully submitted, Helen Mapes Secretary