Loading...
HomeMy WebLinkAboutPlanning Comm min 1975/12/22 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF - CHULA VISTA, CALIFORNIA December 22, 1975 A 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: Chandler, Rudolph, Starr, Floto, Pressutti, Smith and Johnson. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Assistant Director of Public Works Lippitt, Assistant City Attorney Beam and Secretary Mapes. Chairman Chandler led the pledge of allegiance to the flag, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Starr-Pressutti) The minutes of the meetings of November 24, 1975 and December 8, 1975 be approved as written. ORAL COMMUNICATIONS The Chairman called for oral communications and none were presented. 3. PUBLIC HEARING (cont.): Conditional Use Permit PCC-75-19 - Request to construct and operate a retail self-service gasoline station, southeast corner of Bonita Road and Bonita Glen Drive - Shell Oil Company Director of Planning Peterson briefly reviewed the history of this site, pointing out that a conditional use permit application was approved in 1966 for a full service station, but the facility was not installed and the conditional use permit was extended a number of times. An extension was not requested in 1974 and the permit expired at that time. The present application is for a self-serve gasoline station containing three service islands, a small building at the southeast corner of the site and a freestanding sign. In reviewing the area at this time, the staff has recommended denial of this request, contrary to the previous position of approval. One significant change in the area is the establishment of another service station directly across Bonita Glen Drive from this site, which would result in two stations in the same quadrant of this freeway interchange if this application is approved. Mr. Peterson expressed the feeling that it is difficult to justify a duplication of service within the same quadrant. He also pointed out that this site is not favorably located to serve northbound traffic on the freeway since the site is not visible to northbound traffic. While the southbound traffic could see the sign and exit the freeway onto Bonita Road with a right turn, it would then be necessary to weave rapidly into the left lane to turn left into this site. It is felt this may be sufficiently inconvenient as to discourage traffic exiting the freeway from utilizing the site when a more convenient station is available on the north side of Bonita Road opposite Bonita Glen Drive, a site which has been approved for a service station but not yet constructed. -2- -- December 22, 1975 Mr. Peterson also pointed out that in the general area bounded by Bonita Glen Drive, Bonita Road, Vista Drive, and 1-805, there are 8 1/2 acres which might be developed into a commercial/residential complex, but approval of a service station on the corner of that area would have an impact on how the remainder of the 8 acres will be developed. He reported that another factor that influenced the staff recommendation is the mixture of zoning at this interchange area, and its nonconformance with the General Plan. The staff would prefer that development of the area be delayed until a decision is made on what the General Plan and zoning should be for that quadrant of the interchange. Mr. Peterson advised that with the knowledge that this request has been considered by the Commission at two previous meetings and because of the former action by the Commission, the staff has included 9 recommended conditions if the Commission finds that the application should be approved. He reviewed the conditions which relate to the high, massive canopy supported by slender columns, the large expanse of asphalt paving, the need for adequate landscaping, and the walls or fences to be constructed on the southerly and easterly property lines. He asked that condition No. 7 in the s~aff report be deleted as this problem is adequately covered by condition 3. Mr. Peterson reiterated the recommendation for denial of the application and advised that the Commission should, in either case, certify the Negative Declaration covering the project. Chairman Chandler reopened the public hearing. Ray Powell, Shell Oil Company representative, 3511Camino del Reo, San Diego, reported that Shell acquired this site in 1968 following the zoning of the property to conform to the General Plan and with the assurance of a conditional use permit. It was their opinion that construction of the station prior to the opening of the freeway would have been premature. Mr. Powell expressed the belief that their application meets all of the criteria necessary to satisfy the approval of a conditional use permit. He pointed out that growth in the area has developed to a greater degree than forecast in 1967- 1968 when an economic survey was made; the traffic on Bonita Road also exceeds the estimates projected in 1968. He pointed out the trend of establishing facilities to meet the needs of motorists at freeway interchanges and contended that the public expects a reasonable choice of goods and services at these locations. He also pointed out that Shell was the first to acquire a conditional use permit for this interchange area, and of the four permits that were approved, only one station has been constructed. He contended that approval of this application should be based on the need to serve the traffic in this area and should not consider a service station which may or may not be constructed on the North side of Bonita Road. He called attention to the report of the market survey previously submitted which demonstrates the need and advised that the Federal Energy Administration has established that an essential need does exist at this location and has approved Shell's request for a gasoline allocation. Mr. Powell addressed the concern regarding the traffic circulation in this location, pointing out that the same left hand turn would be required for freeway -3- ~' December 22, 1975 motorists to enter the existing station on the south side of Bonita Road, and that those who might utilize a station on the north side of Bonita Road and then desire to continue south on the freeway would face the same traffic conflict. He contended that this project would have no adverse effects on the apartments across Bonita Glen Drive since it will be a greater distance fom the apartments than the existing service station; also, that a self-serve station is not a source of noise, smoke, glaring or flashing lights; this facility does not provide for lubrication services, mechanical repair, tire, brake, muffler repair or replacement. He assured that it is Shell's intention to meet every require- ment of the ordinance and to construct a facility that will be attractive and compatible to its surroundings. It is to this end that they have proposed an island cover with a mansard style of roof which they feel will blend in with the other structures now in the area and would be compatible with a wide range of architectural styles that may be used on the property to the east of this site. The mansard style roof would also accommodate a 2 ft. square identification sign; a pitched roof, as recommended by staff, would not accommodate such a sign, and would necessitate a freestanding or monument sign for identification from Bonita Road. Mr. Powell noted that the plan they submitted provides for 15% coverage of the area with landscaping, whereas the ordinance requires only 10%. They feel that the recommendations of the staff for an additional 5 ft. width of planter on each street frontage is excessive and would work a hardship on the property by ~pairin~the traffic circulation and seriously affect the amount of parking available to the public. He pointed out that the lighting on the canopy is recessed and will not be visible from the public right of way, and no lights would shine on adjacent residential areas. He reiterated that a need for this project has been substantiated by their market survey and asked for the Commission's approval of the application. As no one else wished to speak, the public hearing was closed. Commissioner Starr questioned the requirement for concrete or clay rQof, for the 15 ft. versus 10 ft. landscaping and for the six foot wall constructed of used brick. Mr. Peterson advised that a wood roof would not meet the fire code for this use and metal roofing lacks authenticity and esthetic appearance. He expressed the opinion that the 15 ft. wide land~cape planters, at least adjacent to Bonita Glen Drive would not affect the traffic circulation, and if it was found that the 15 ft. width adjacent to Bonita Road would impair the circulation, that could be reduced to l0 feet. He concurred that a masonry wall with used brick facing toward the project would be acceptable. Commissioner Pressutti requested the applicant's reaction to the requirement for the 6 f6ot wall on the southerly property line and for the grape stake fence on the east. December 22, 1975 Ken Cambra, District Field Engineer for Shell Oil Company, noted that the wall which they proposed was grape stake with concrete pilasters and this was a condition of the original conditional use permit approved for the site. They have attempted to adhere as closely as possible to those conditions. Commissioner Starr expressed the opinion that the report seemed biased. He felt the first two findings could be answered in the affirmative since there is a need for this service at this location. He then reviewed the list of conditions submitted in the staff report, noting that the floodproofing and obtaining permits from the Air Pollution Control District are automatic requirements that would have to be met. For condition 3, relating to the 6 foot wall, he suggested using concrete block with used brick pilasters, to reduce the cost from a solid used brick wall. He felt the canopy as proposed is not excessively high, compared to the neighboring service station; he expressed preference for a pitched roof but felt the mansard, which is the company's standard design, would be acceptable~. In condition 5, he could see no reason for limiting the pole sign to a single face, since double faced signs have recently been approved for other projects in the area, specifically the Mex-Insur sign. With regard to landscaping under condition 6, if the 15 foot landscaping is a hardship it should be changed to 10 foot in accordance with zoning ordinance requirements. He felt the only other condition that is unreasonable'~is No, 12 regarding the expanse of asphalt; he noted this is common with all gas stations, and this site is no particular offender in that respect. Commissioner Pressutti pointed out that this interchange is one of the gateways to the city which would warrant some restrictions that might not be necessary in other places. Commissioner Smith expressed the opinion that the canopy, as shown in the pictures presented, did not appear too high or awkward in shape. Commissioner Rudolph noted that the arguments on both sides are convincing, however, the City does have the responsibility of controlling the number of service stations and she felt one to an interchange quadrant should be sufficient. For that reason she could not make the finding that there is a need. She pointed out there are several interchanges on this freeway within a short distance so a motorist should have no trouble in finding gasoline. Chairman Chandler agreed and noted there are numberous stations on "E" Street and Bonita Road to serve local traffic. MSUC (Starr-Smith) The Commission finds that the proposed project would have no possible significant environmental impact and certifies the Negative Declaration on Initial Study IS-75-66. MS (Starr-Smith) The Commission approves application PCC-75-19 with findings 1 and 2 affirmative, and the conditions recommended in the staff report changed as follows: Item 3, to require a block wall with used brick pilasters; item 4 to make some provision for design alteration of the canopy to be approved by the Planning staff- this may require changing colors to make it more compatible; item 5, to permit a freestanding pole sign complying with the sign ordinance and not restricted to one face; item 6, to require a lO foot wide landscape strip; and item 12 to be deleted entirely. The motion failed to pass by the following vote: AYES: Commissioners Starr, Smith and Floto NOES: Commissioners Chandler, Johnson, Pressutti and Rudolph -5- ~ December 22, 1975 Assistant City Attorney Beam advised that due to the length of the motion it is difficult to determine whether it is the desire of the Commission to vote down the main motion or some of the conditions for approval. He suggested that if it is the Commission's desire to approve the conditional use permit that this be accomplished by a main motion and the conditions for approval be dealt with as amendments to the main motion. He advised that a motion for approval would first require a motion to consider the question; a motion for denial would not. MS (Rudolph-Presutti) The Commission denies PCC-75-19 based on the findings contained in the staff report. In discussion Commissioner Smith contrasted this proposal to a later item on the agenda for a used car lot to be located in the right of way of a future freeway, which would not pay property taxes or sales tax. He pointed out that this proposal would require the expenditure of money for improvements, and would produce revenue from property tax, gasoline tax and sales tax. He felt it should not be turned down. Commissioner Floto expressed the opinion that this project would not result in any more traffic congestion than any other commercial development which mi§ht take place on the property. He noted that the traffic will be on Bonita Road regardless of the type of development. He also felt the proposed development will do justice to the gateway to the city in that particular area. Commissioner Pressutti favored delaying the approval of any development in that quadrant until it is determined what will happen to the rest of the property in the area. Commissioner Starr called attention to the display for a small shopping center in the area included in the staff report; noting that this involves six or seven parcels of property and he questioned when they would get together to create such a shopping center. The motion for denial of the conditional use permit passed by the following vote: AYES: Commissioners Rudolph, Pressutti, Chandler and Johnson NOES: Commissioners Floto, Starr and Smith The Chairman advised the applicant of the right to appeal this decision to the City Council within ten days. 2. PUBLIC HEARING (Cont.): Conditional Uae Permit PCC-75-23 - Request to operate automotive diagnostic and minor tune-up fa~i!it.¥ in ~-~ z6ne~1 101991 Third Avenue - Insta-Tune, Ltd. Current Planning Supervisor Lee noted that this hearing was continued from the meeting of November 24th to allow the applicant and staff to resolve a problem relating to the requirement for landscaping and public improvements and to make sure this operation would comply with the noise standards of the zoning ordinance. -6- ~ December 22, 1975 He pointed out that the revised site plan provides for the closing of the two driveways nearest the intersection with landscaping to be installed around the corner. He also reported that the applicant obtained the services of a consulting engineer to study the site and make recommendations for mitigating measures to achieve the acceptable noise level. The engineer's recommendation was for installation of an 8 foot high wall along the easterly boundary of the property for a distance of about 77 feet starting at the northeast corner and extending south toward Naples Street, and a further recommendation that the testing equipment be placed nearer to Third Avenue than originally proposed. One of the recommended conditions for approval of the application would require certification by a qualified engineer that the noise level would not exceed the standards required by the city ordinance. Mr. Lee recommended approval of the application subject to the 7 conditions contained in the report with a modification to item 7 to refer to final design of the site rather than of the building. Chairman Chandler reopened the public hearing. Steve Park, 32185 Paseo Carolina, San Juan Capistrano, reported that they have decided to go ahead with the project and are in agreement with the landscaping and public improvements as recommended. He advised that they have hired an acoustical engineer who will sign and certify the site plans as meeting the ordinance requirements. He assured that they are prepared to meet all of the conditions recommended for approval of the project. As no one else wished to speak, the public hearing was closed. MSUC (Smith-johnson) The Commission approves the application for PCC-75-23, subject to the conditions contained in the staff report and as modified by Mr. Lee; approval is based upon the findings as stated in the report. 3. PUBLIC HEARING: Conditional Use Permit PCC-75-26 - Request to operate used car lot in F-1 zone~ 135 Highland - Donald L. McConnell Current Planning Supervisor Lee advised that this F-1 zoned property is located in an area set aside for flood control and freeway right of way. Since construc- tion of the freeway has been delayed, Cal Trans has endorsed this application for temporary use until construction is ready to commence. Used car lots are an allowed use in the F-1 zone. Thi~ proposal is for a car swap meet which would become a common place for individual owners to sell or purchase an auto- mobile. The lot would operate only on weekends from 7:00 a.m. to sunset. The applicant would work out of a private trailer which would be removed during the week; he also requests approval for one sign, 15' high, and8'x 15' in area. The recommended conditions require that all objects be removed during the week, but the applicant has requested that the sign be allowed to remain; therefore, condition 2 should be amended by eliminating the words "including the sign." The staff recommends certification of the Negative Declaration and approval of the conditional use permit application subject to the 7 conditions enumerated. Commissioner Smith asked if this property is on the tax roles or if there - would be any sales tax collected from these transactions. -7- ~ December 22, 1975 Assistant City Attorney Beam advised that there would be tax collected upon re-registration of any vehicles sold here, which would go to the State. He also expressed the opinion that the property is not off the tax roles, since government owned property, if leased out, must pay a possessory interest tax for the use of the land which would inure to the benefit of the City of Chula Vista. He also indicated that sales tax would be paid on any automobiles sold but he could not say if that tax would inure to the City. This being the time and place as advertised, the public hearing was opened. Don McConne~, 5039 Glen Verde, Bonita, reported that they would hope to have from 75 to 125 cars available on the lot on a week end. With regard to the payment of sales tax, he advised that they would obtain a peddler's license and pay tax on the items sold at the consession stand. Sales tax on the auto- mobiles sold would be handled as with any private sale of an auto, in connection with registration of the auto by the purchaser. Commissioner Pressutti called attention to the cleaning problem presently existing on the site and to the condition that the site be cleared and maintained. Mr. McConnellassured that all of the conditions would be met. He indicated they would obtain portable restrooms which would be moved off the site during the week. As no one else wished to speak, the public hearing was closed. MSUC (Pressutti-Rudolph) The Commission finds that this project will not have any possible significant impact on the environment and certifies the Negative Declaration. Commissioner Smith commented on the first condition, which provides that the conditional use permit shall be valid until the lease with Cal Trans is terminated. He suggested that the Commission should control the time limit of the permit, since it is conceivable that the freeway may not be constructed for a number of years. He indicated he would support a rather short time limit, or until the lease with Cal Trans is terminated, whichever occurs first, then if it is a good operation the Commission can consider renewal. MS (Smith-Rudolph) Conditional use permit PCC-75-26 be approved, changing condition 1 to read, "The conditional use permit shall be valid for six months, or until the lease with Cal Trans is terminated, whichever occurs first'; other conditions as recommended by the staff, and based on findings stated in the report to the Commission. After some discussion on limiting the conditional use permit, it was moved by Commissioner Pressutti that the motion be amended by modifying condition No. 1 to state that the conditional use permit shall be reviewed annually until the lease with Cal Trans is terminated; also to delete condition. 7, relating to the size of the sign; an~ to delete condition 2 and substitute instead, "Items to be left or removed, and signage, to be at the discretion of the staff." The motion for the amendment died for lack of a second. Commissioner Pressutti pointed out that in the verbal presentation, the staff representative had indicated a willingness to delete the requirement for removing the sign. -8- -- December 22, 1975 Commissioner Smith and Commissioner Rudolph expressed a willingness to delete from condition 2, the words "includin9 the si~n." The motion passed by the following vote: AYES: Commissioners Smith, Rudolph, Johnson, Starr and Floto NOES: Commissioners Pressutti and Chandler Commissioners Pressutti and Chandler asked that the records show that their nay vote did not signify a desire to deny the application, but concern over the six months limitation. 4. Consideration of request to vacate easterly 12 feet of First Avenue~ north of Millan Court - K. E. Green Current Planning Supervisor Lee indicated the location of a parcel located on the northeast corner of Millan and First Avenue along which the applicant is requesting the vacation of 12 feet of the right of way. He expressed concern that such vacation should not be considered on a piecemeal basis, but in the interest of consistency should apply to the entire block between Millan and "J" Street. He discussed the varied setbacks of the houses in this block and noted that the applicant desires to divide the property and construct three dwellings 28 feet from the curb, or 6 feet nearer than the nearest dwelling on the street at this time. Mr. Lee reiterated the staff recommendation that the vacation should only be considered on a larger scale, from J Street to Millan, and that the item be continued to January 26, 1976 in order that the remaining residents may be contacted to determine if they are in favor of this vacation of street right of way. Commissioner Smith reported that for the past three years he had been involved in a citizens committee working with the Corps of Engineers on the Telegraph Canyon Flood Control. A report of that study was issued last July. It was his opinion that the proposal of the Corps of Engineers would just about wipe out these houses regardless of whether the 12 feet of street were vacated. He expressed a willingness to continue this item to a future meeting but recommended that the staff check with the Public Works Department regarding the flood conditions. He also pointed out that virtually all of the lettered and numbered streets in Chula Vista do have an 80 ft. right of way, and since the vacation would result in a reduction in setback he felt such vacation should not be considered for three lots or for one block, without looking at the entire len§th of the street from the south city limits to the Sweetwater Valley. Assistant City Attorney Beam pointed out to Mr. Green, the applicant, that if the Planning Commission and City Council do see fit to vacate that portion of street right of way, it will be necessary for Mr. Green to show title to the property before it could be included in land which he wishes to divide. - Ken Green responded that he is the owner of the property and has filed a parcel map which was subsequently denied with the advice that the next step was to request the street vacation in order to make the property deeper to accommodate the type of houses he would like to build. He reported that he could accommodate smaller houses without the street vacation but due to the extreme cost of improv- ing the channel, it is desirable to construct larger homes, which would be more -9- December 22, 1975 compatible with the neighborhood. He pointed out that he has two legal lots and is attempting to get three legal lots which would help defray the cost of improving the channel. He expressed the preference that this property stand on its own in regard to this request without requesting a street vacation for other properties up and down the street. MSUC (Pressutti-JohnGon) Consideration of the request to vacate a portion of the First Avenue right of way to be continued to the meeting of January 26, 1976. 5. Consideration of request for continuation of conditional use permit C-69-20 for operation of auto wrecking Yard at 789 "E" Street~ Joeneal Street Director of Planning Peterson reported that the conditional use permit for the wrecking yard at Bay Boulevard and E Street was originally granted in 1969 for a 5 year period and last year was extended for an additional year. He noted the staff recommendation that this request not be renewed and that the owner clear the site of this operation by April, 1976. He pointed out that conditions in the area have changed considerably since approval of the original application and to some extent since the renewal a year ago. The redevelopment plan for the Bayfront area has been adopted, the tax increment bonds have been sold, the property has been rezoned from industrial to C-V and a conditional use permit for a restaurant and motel has been approved for this property, although it is possible that development may not proceed as approved. Further, the Anthony - Restaurant across E Street is now open and operating. It therefore seems appropriate to begin to change the character of the Bayfront Area in line with the approved Bayfront plan. Since this property is within the redevelopment area the Planning Commission should make their recommendation to the Redevelop- ment Agency who will make the final decision. Mr. Peterson pointed out it would take several months to complete the removal of all the cars from this site. He advised that the applicant has another wrecking yard site in the vicinity of Brown Field to which he has been moving portions of his operations. Commissioner Chandler called for comments from a representative of the applicant but none was present. MSUC (Rudolph-Pressutti) The Commission recommends to the Redevelopment Agency that the request for an extension of C-69-20 for the auto wrecking yard be denied and the applicant be directed to have the site cleared by April 1, 1976. 6. Consideration of request to operate dance studio in C-N zone at Hilltop and Naples - Helen Pierce Director of Planning Peterson pointed out that a dance studio is not listed as an allowed use in the C-N zone and this request was filed under the section which allows the Planning Commission to authorize any other retail use or service which is determined to be of the same general character as the type of uses allowed in the C-N zone. Due to concern over the noise which might be generated from this use, the staff visited the present location of this use on E Street - -10- '- December 22, 1975 while classes were in session and no noise attributable to the use was evident outside the building. The applicant has indicated that 40 per cent of their clients live in the southeast Chula Vista area in the general vicinity of this C-N zone. Mr. Peterson noted the recommendation for approval of the request subject to two conditions; One dealin§ with the possibility of requiring the installation of sound attenuation measures on the north wall, and the second relating to modifying the door hardware and providing a fire extinguisher. He advised that if the request is approved the staff would measure the existing noise level, and then take another measurement when the studio is in operation to determine if sound attenuation measures are necessary. The Chairman invited the applicant to respond to the proposed conditions. Helen Pierce expressed the opinion their operation would not result in increased noise; she pointed out that a storage room walled off at the north end of the building would not be used for class activities and would serve as a sound barrier. She reported they have had no complaints due to noise at their present location and it is their desire to keep the noise at an acceptable level. In response to a question from the Commission, she indicated they rarely give lessons later than 8:30 p.m. and are usually through at 6:30 p.m. MSUC (Johnson-Floto) The Commission approves the request to operate a dance studio at 23 A Naples Street subject to the two conditions as stated in the report to the Commission. ORAL COMMUNICATIONS Mary Seifert, Pacific Beach, referred to a recent hearing for a conditional use permit on Casselman Street. She felt that the communal house should not be considered as a boarding house. It was pointed out that Commission's approval of the application in question was appealed to the City Council and they would make the final decision on the following night. DIRECTOR'S REPORT Director of Planning Peterson called attention to the announcement of the League of California Cities sponsored Planning Commissioners' Institute to be held in San Francisco on February 4th and 5th. He advised that the Commissions' budget provides for the attendance of 6 Commissioners at that seminar and if it is determined that 7 Commissioners wish to attend a request for additional funds should be made. Commissioners Chandler and Pressutti indicated they would not be able to attend. Assistant City Attorney Beam and Commissioner Rudolph recommended that as many Commissioners as possible attend this worthwhile institute. _ -ll- - December 22, 1975 COMMISSION COMMENTS Chairman Chandler commented on the receipt of a letter from the Mayor with regard to appointing a member from the Planning Commission to serve on the ad hoc transit workshop committee. He advised that he had approached Commissioner Smith with regard to serving in that capacity and Mr. Smith had consented to do so. ADJOURNMENT Chairman Chandler adjourned the meeting at 9:07 p.m. with an expression of wishes for a Merry Christmas and a Happy New Year. Respectfully submitted, ~eien Mapes, Secretary