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HomeMy WebLinkAboutPlanning Comm min 1973/01/15 MINUTES OF A REGULAR ADJOURNED MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA January 15, 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, Swanson, ~hitten and Wilson, and ex-officio member Miller. Also present: Acting Director of Planning ~illiams, and Assistant City Attorney ~lick. The pledge of allegiance to the flag was led by Chairman Rice, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Cbandler-Whitten) The minutes of the meeting of December 18, 1972 be approved as corrected at the meeting of January 8, 1973. Chairman Rice called for oral communications and none were presented. PUDLIC HEARING (Cont.): a. PLA~INED UNIT DEVELOPMENT - Request for approval of Fairwa~ Downs b. CONDITIONAL USE PERMIT - Request for approval of residential development in Flood Plain District - Fairwas Downs, Inc. Acting Director of Planning Williams reported that this development will require an Environmental Impact Report. The procedures for such a report have recently been finalized by the City, and the report ~ill be reviewed by the City with the necessary posting period extending until February 8. It is suggested that this hearing be continued to the Planning Commission meeting of February 21, 1973. MSUC (Whitten-Macevicz) The public hearing for consideration of the Planned Unit Development and conditional use permit application submitted by Fairway Downs, Inc. be continued to the meeting of February 21, 1973. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - 70 East "J" Street - Request to install self-service ~asoline facilits - Simkins & Son, Inc. Acting Director of Planning Williams reported that although the applicant has been advised of the requirement for an Environmental Assessment, no report has been submitted. It is suggested that the public hearing be continued to the meeting of February 5, 1973, and if the applicant has not then submitted a report, ti~e staff would recommend that the application be filed. MSUC (Ci~andler-Rudolph) The public hearing for consideration of a conditional use permit to install a self-service gasoline facility at 70 East J Street be continued to the meeting of February 5, 1973. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - 24 Broadwas - Request to operate an auto bod~ repair and paint shod. in C-T zone - Manuel P. Machado, Jr. -2- 1/15/73 Acting Director of Planning Williams advised that an Environmental Assessment has been filed by the applicant, but this has been held over by the Environmental Review Committee for additional information. The public hearing should be contin- ued to tile meeting of February 5, 1973. MSUC (Wilson-Whitten) The public hearing for consideration of a conditional use permit to operate an auto body repair and paint shop at 24 Broadway be continued to the meeting of February 5, 1973. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - Fourth Avenue and I Street - Conduct nurserS school day care center - Clifford and Louise Peterson Acting Director of Planning Williams noted that this public hearing was mis- advertised, giving the locatio~ as the northwest corner instead of the southwest corner of Fourth and I Street. It was, therefore, readvertised for the meeting of January 22, 1973. PUBLIC HEARING (Cont.): Consideration of amendments to Zonin~ Ordinance relatin~ to the control of Planned Unit Developments Acting Director of Planning Williams advised that at the meeting of December 4, 1972, certain amendments relating to the standards for Planned Unit Developments were presented, at which time Attorney Donald Worley, representing various developers, had asked for a continuance to give the developers an opportunity to comment on the proposed standards. The hearing was continued to January 15 to provide this opportunity. Approximately a week ago, written comments from the developers were received and the staff met with various developers to discuss some of the problems involved. Because of the complexity of these standards, the staff feels it would be beneficial for the Planning Commission to discuss them at a workshop meeting on January 29, which would be open to the public, and continue this public hearing to the meet- ing of February 26. MSUC (Whitten-Wilson) The public hearing for consideration of amendments to the Zoning Ordinance relating to the control of Planned Unit Developments be continued to the meeting of February 26, 1973, ~ith a workshop meeting for discussion to be scheduled at 5:00 p.m. on January 29, which meeting would be open to the public. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - 760 Broadway - Request to construct addition to body repair shop buildin~ and construct retainin~ wall at south end of property - Fuller Ford Acting Director of Planning Williams noted the location of the existing auto body repair shop where the applicant is requesting permission for an addition. Commercial uses are adjacent to the property on the north and east, with a motel to the south and single family residences to the west. Mr. Williams reported that readings taken with a sound level meter indicated a low level of sound west of the existing body repair building during operation of pneumatic tools. -3- 1/15/73 This side of the property is enclosed with a 5' block wall. Higher readings were obtained to the south of the property. It is recommended that the south wall of the proposed addition be constructed of grouted concrete block with no openings in the south or east walls of the building. The staff recommends approval with conditions for an adequate noise buffer. The Chairman declared the continued public hearing reopened. Herb Kuhlken, General Manager of Fuller Ford, 8346 Lakebend Avenue, San Diego, in answer to questions from the Commission, reported that the loudest tool used in the body shop is the impact chisel, which is used to cut out damaged parts of the auto body for replacement with new parts. He expressed the feeling that the wall they intend to build in the proposed addition will lessen the noise now heard in the area of the motel. He concurred with the conditions for noise control proposed by the staff. George Mall oy, 772 Broadway, owner of the motel to the south of this property, reported that in the past they have had extreme noise from the operation of the body shop. He indicated he would support any improvement which would lessen that noise, and would hope for an early completion date of that improvement as the noise in the past has been detrimental to the motel business. He reported that Fuller Ford has been cooperative in the past with regard to the control of paint fumes which previously was a problem. As no one else wished to speak, the public hearing was closed. The Commission concurred the proposed building addition would result in an improve- ment to existing conditions. MSUC (Whitten-Macevicz) Approval of a conditional use permit to build an addition RESOLUTION PCC-72-32 to existing body shop repair building and a retaining wall on south end of the property at 760 Broadway, sub- ject to the following condition: 1. The south and east walls of the building shall be constructed of grouted concrete block with no openings, and sound deadening panels shall be installed within the roof. Findings are as follows: a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed use is compatible and complimentary addition to the existing facility. b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The orientation of this use will be away from an adjacent residential use and therefore will not be detrimental. -4- 1/15/73 c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. All regulations and conditions of the Code shall be complied with. d. That the granting of this conditional use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any govern- mental agency. Since the General Plan provides for such uses in the Thoroughfare Commercial zone, it will not be adversely affected. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - 818 BroadwaS - Request to remodel existing used car lot - South BaS Chevrolet Company Acting Director of Planning Williams advised that a conditional use permit is re- quired for used car lots in the C-T zone. The used car lot at 818 Broadway is nonconforming, since no conditional use permit has been approved. The applicant is proposing to construct a two-story office building along with zoning walls and landscaping. In order to do so, it is necessary to obtain a conditional use permit. Mr. Williams enumerated the five conditions recommended for approval of this request. The Chairman declared the continued public hearing reopened. Travis Reneau, President of South Bay Chevrolet Company, reported they are anxious to improve this car lot and have now obtained a 10 year lease whereas it was formerly leased on month to month basis. In response to questions from the Commission, Mr. Reneau indicated they would prefer to place the zoning wall adjacent to the west property line rather than at the 6 foot setback, and they would provide access to the gas and electric easement through their property. It was suggested this be discussed, and an agreement reached with SDG&E. Mr. Reneau also consented to the requirement for a slumpstone wall, rather than a masonry wall, and to ex- tending the wall 80 feet toward the front of the property on the north and south property lines. As no one else wished to speak, the public hearing was closed. MSUC (Macevicz-Whitten) Approval of a conditional use permit to remodel an existing RESOLUTION PCC-72-30 used car lot through construction of a new sales office, walls and planters, on property located at 818 Broadway, subject to the following conditions: 1. Customer offstreet parking equal to 1/lO of the total car storage capacity of the facility shall be provided. Said parking spaces shall be marked for "Customer Parking" and permanently restricted to that use. 2. A six foot high slumpstone zoning wall shall be required along the westerly property line and shall extend 80 feet toward the front of the property on the north and south property lines. 3. A ten foot wide landscaped strip (with curbing to City standards) and irri- gation plan shall be approved prior to tile issuance of building permits. -5- 1/15/73 4. All existing nonconforming signs shall be abated immediately and any new signs shall be submitted and approved prior to the issuance of building permits. 5. An outdoor lighting plan shall be required and all lighting shall be oriented away from the adjacent residential areas. Findings are as follows: a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed used car lot is directly across the street from the applicant's new car sales facility, thus affording convenience to both the applicant and his customers. b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The use will not be detrimental, since this proposal will result in an up- grading of the property. c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. All regulations and conditions of the Code shall be complied with. d. That the granting of this conditional use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any govern- mental agency. The General Plan will not be affected. PUBLIC HEARING (Cont.): VARIANCE - 795 Third Avenue - Request for reduction of front setback from 5' to 0-5' slant - Mark Fishauf Acting Director of Planning Williams displayed a plat showing the proposed 10,600 sq. ft. addition to an existing furniture which is constructed on the front property line, and the proposed addition would maintain a setback slanting from 0 where it joins the existing building to 5 feet at the north end. Although this property is in the C-C zone which requires a 25 foot front setback, the Building Line Map has established a 5 foot setback in this area on both sides of Third Avenue. The only building which does not maintain the 5 foot setback is the one owned by the applicant. Mr. Williams noted that a similar request for a reduction in the setback to 0 for the entire proposed addition was denied by the Commission in 1971, since no hardship or unusual circumstances could be found to justify a variance. At that time, the Commission granted a variance for a roof extension 3 feet beyond the maximum projection provided in the Zoning Ordinance in order that the roof over- hang for the new structure would match that proposed for the existing structure. The staff feels there is no justification for the Slant setback, but would recom- mend approval of a roof overhang as granted previously. -6- 1/15/73 The Chairman declared the continued public hearing reopened. Cletus Wilson, 2034 Haskins Way, Spring Valley, representing the applicant, pointed out that the reason for requesting the slant setback is to create a smooth transition between the two buildings since the prevailing west wind would result in tile collection of debris in an inside corner. He felt con- structing the addition with the slanted front would make the two structures appear as one uniform building and would eliminate the collection of debris at the front of the building. Member Macevicz asked if the bar at the southern end of the existing building would remain. Mark Fishauf advised that the lease of the bar has two more years to run and after that time he would remodel that end of the building and beautify the corner. Members Whitten and Swanson expressed the opinion that it would be preferable to construct the entire addition at tile property line rather than at a slant from 0 to 5 feet. As no one else wished to speak, the public hearing was closed. Chairman Rice reminded that a hardship or unusual circumstance must be found to justify granting a variance from the requirements of the code. Member Wilson indicated he would favor a 0 setback for the entire structure since it is for one occupant and one business. MSC (Chandler-Rudolph) The request for a variance to permit a reduction of RESOLUTION PCV-72-18 the front setback from 5' to 0-5' slant at 795 Third Avenue be denied and a modified variance be approved to permit roof extension 3 feet beyond the maximum provided in the Zoning Ordinance. Findings are as follows: a. That a hardship peculiar to the property and not created by any act of the owner exists. The 5 foot setback established for this area has been in existence since 1955 to provide a minimum area for landscaping on newly established struc- tures; however, a 7 foot overhang is necessary for the new structure, in order to match the proposed roof line of the existing structure to the south. b. That this variance is necessary for the preservation and enjoyment of sub- stantial property rights possessed by other properties in the same zone and in the vacinity of the subject property. No hardship has been shown for reducing the setback from 5' to the 0-5' slant. c. That the authorizing of this variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of the ordinance or the public interest. -7- 1/15/73 The setback established in the Zoning Ordinance for C-C zones is a standard 25 feet for all new areas, but the 5 foot setback will allow landscaping in front of the structure. d. That the granting of a variance will not be contrary to the objectives of the General Plan. The motion carried by the following vote: AYES: Members Chandler, Rudolph, Swanson, Rice, Whitten and Macevicz NOES: Member Wilson ABSENT: None Chairman Rice advised the applicant he has ten days in which to appeal the decision of the Planning Commission to the Council. PUBLIC HEARING: REZONING - Misc. properties on east and west side of Walnut, north of Palomar~ R-3 and I-L to C-T-P Acting Director of Planning Williams reported that a request was received on this date from Mr. Bill Richardson indicating he ~ould like a postponement of this hearing until after February 4 since he is ill at this time. He also indicated that Mr. John McCleod, owner of one of the parcels under consideration, is on a work assignment in Hawaii until January 24, and his son requested a postponement until his return. Mr. Sidney Knowles, property owner, also concurs in this request. The staff would have no objection to continuing the hearing until February 5. MSUC (Whitten-Wilson) The public hearing for consideration of rezoning miscellane- ous properties on the east and west side of ~alnut, north of Palomar, be continued to the meeting of February 5, 1973. Director's Report Acting Director of Planning Williams called attention to the statement prepared by Member Rudolph giving the reasons for Commission recommendation to include neighborhood parks within the subject area in the Open Space District #1 of E1 Rancho del Rey. He asked for the concensus of the other Commissioners in support- ing this statement in order that it may be presented to the City Council as a Commission report if that is the desire. Members Rice, Chandler and Whitten indicated their concurrence with the statement. Other members indicated they had not reviewed it sufficiently to commit themselves. Mr. Williams asked for a response from them at their convenience. Mr. Williams reminded the Commission of the workshop meeting at 5:00 p.m. on January 29 to discuss provisions for the control of Planned Unit Developments to be followed by dinner at 7:30 p.m. at the Stag and Hound restaurant. Commission Comments Member Rudolph asked about the possibility of a discussion with the City Attorneys concerning the code of ethics and rules governing Commissioners' conduct. It was suggested that any questions should be submitted in writing to the Attorney's office for research and a written finding. -8- 1/15/73 Member Rudolph also raised a question about Environmental Impact Reports which have been submitted for review. She indicated they uere not what i~er under- standing of an Environmental Impact Report should be. It was pointed out the reports which the Commission has received are draft reports prepared by the developers and that a final report of the Environmental Impact of a development will be submitted by the Environmental Review Coordinator. The Commission members are asked to submit questions raised by the draft report which they feel should be answered. Mrs. Rudolph added that she felt the period for review by the public should be after the Environmental Review Coordinator has submitted the final report, because prior to that time there isn't really a viable impact report to consider. Mr. Williams pointed out the 20 day review period is to enable the staff to obtain commen~s from the various public agencies and ti~e public in general prior to submitting the final report. In this way, questions raised may be answered in the final report. Member Macevicz reported that he has listed 75 questions in reviewing the first 125 pages of one report. Member Whitten reported that a building is being moved on to the lot on E Street for which Mr. Albanese i~ad reqested a variance. He asked if tilis has received City approval and the extent of the operation to be conducted there. Member Whitten also called attention to the service station site at the corner of L Street and I-5 which appears to be used as a storage site for rental equipment. Mr. Williams indicated the staff would check on these questions. Member Swanson asked if the Planning Commission shouldn't be doing something about the problems of providing transportation by some other means than privately owned automobiles, which constantly require more and wider roads, besides contributing to the air pollution. Member Rudolph inquired if it would be helpful to form a transportation committee of the Planning Commission to explore possibilities and try to come up with some suggestions. Ex-officio Member Miller offered to relay the thoughts of this Commission to the transportation subcommittee of the Environmental Control Commission and see if the two groups couldn't take action together. Chairman Rice pulled the Commission for the interest of the Commission members in serving on an ad hoc transportation committee of the City, along with members of the Environmental Control Commission and the Safety Commission. Member Wilson questioned whether this body has authority to set up committees; he felt it is the City Council's responsibility to appoint committee members. Acting Director of Planning Williams advised that the Co~ission can form sub- committees and if members of various Commissions wish to work together to conduct studies there would be no objection to that. -9- 1/15/73 Members Whitten, Rudolph and Swanson expressed an interest in working on such a subcommittee. Member Macevicz also offered to serve, if needed, as an alter- nate or substitute. Chairman Rice suggested that ~he three members interested in serving meet with the transportation subcommittee members of the E.C.C. and submit a recommendation to the City Council for the establishment of a transportation committee for the purpose of research and study into transportation problems. ADJOURNMENT Chairman Rice adjourned the meeting at 8:55 p.m. Respectfully submitted, -'Helen Mapes, S~cretary