HomeMy WebLinkAboutPlanning Comm min 1975/11/24 MINUTES OF A REGULAR MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
November 24, 1975
A regular meeting of the City Planning Co~mlission of Chula Vista, California
was held on the above date beginning at 7:00 p. m. with the following members
present; Chandler, Rudolph, Starr, ~loto, Pressutti and Smith. Also present:
Director of Planning Peterson, Current Planning Supervisor Lee, Environmental
Review Coordinator Reid, Assistant City Attorney Beam and Secretary Mapes.
Chairman Chandler led the pledge of allegiance to the flag, followed by a
moment of silent prayer.
ORAL COM~UNICATIONS
The Chairman called for oral communications and none were presented.
1. Consideration of request to annex 0.77 acres on the south side of L Street
between Hilltop DriYe and Country Club Drive - Cedeno-skinner
Director of Planning Peterson explained that the annexation was continued from the
previous Commission meeting with the request that the staff explore the possibility
of conditioning annexation upon the installation of sidewalks. It has been
determined that this cannot be done although the City has the option of not
proceeding with the annexation until the improvements have been made. Another
alternative is to proceed with the annexation and the Council may, at a later date,
request the installation of sidewalks for all properties in the block. This
annexation was fostered by the City Council when the County withdrew fire protection
and it is recommended that the annexation proceed.
MSUC (Starr-Rudolph) The Commission approves the boundaries of the Cedeno-Skinner
annexation and directs the staff to file the application with the Local Agency
Formation Commission.
2. PUBLIC HEARING: Consideration of EIR-75-4 for chan~e of zone and lot split
at 1-805 and East J Street
Environmental Review Coordinator Reid noted that the actions by the City which
require this environmental report are the division of the property into three
lots and rezoning. He reported that the County of San Diego had reviewed the draft
E. I. R. and provided some recent geological data relating to earthquake faults.
The applicant has obtained the services of a geologist who will submit additional
information for inclusion in the final report. It is recommended that adoption of
the final report be scheduled for December 8, 1975.
MSUC (Rudolph-Floto) The public hearing for consideration of EIR-75-4 be continued
to the meeting of December 8, 1975.
Chairman Chandler announced that item No. 6 on the agenda would be considered next
in order so that Mr. Reid would not be required to sit through the public hearings
scheduled before it on the agenda.
-2- November 24, 1975
6. PUBLIC HEARING: Consideration of EIR-75-5 for development of Bonita Vista
Apartments~ Medical Offices and Retail Center - Norman/Ashwill
Environmental Review Coordinator Reid advised that this project includes
residential and commercial development on Otay Lakes Road near Southwestern
College. The project does have the potential for significant environmental
impacts and the developer has proposed actions to mitigate those impacts generally
to a level of insignificance. It is noted, however, that the secondary school
system in this area, particularly the Junior high school, does not have adequate
capacity. Also this project does have growth inducing impacts which have lonq term
si§niflcant consequences for the natural yegetatlon and wildlife in the Rice ~anyon
area. Mr. Reid pointed out that input from the Environmental Control Commission has
been included in the report as well as updated information from the A.P.C.D. con-
cerning the trend in days exceeding the Federal oxidant standards in the air basin.
Mr. Re~d recommended that the public hearing be opened and if no input requiring
response is submitted the draft E. I. R. be adopted as the City's final Environmental
Impact Report for the project.
This being the time and place as advertised, the public hearing was opened. As
no one wished to speak, the public hearing was closed.
MSUC (Rudolph-Starr) The draft EIR-75-5, with the inclusion of updated information
on air quality, be adopted as the City's final Environmental Impact Report for the
Bonita Vista project.
3. PUBLIC HEARING (Cont.): Consideration of zone change PCZ-75-J for 1.6 acres
at the northwest quadrant of 1-805 and East J Street from
P-C to R-1-H-P - Cit~ initiated
Director of Planning Peterson pointed out that since the EIR for this project has
not been adopted, no action can be taken on the rezoning at this meeting. It is
recommended that it be continued to December 8.
MSUC (Floto-Starr) The public hearing in consideration of zone change PCZ-75-J
be continued to the meeting of December 8, 1975.
4. PUBLIC HEARING (Cont.): Conditional Use Permit PCC-75-19 - Request to construct
and operate self-service gasoline stationi southeast corner
of Bonita Roa~ and Bonita Glen Drive - Shell Oil Co.
Director of Planning Peterson reported that the staff analysis of this ~ite as
a potential service station site is not yet complete. He pointed out that the
City approved this site for a service stationa number of years ago, but the site
had not been developed and after several renewals, the permit expired. He expressed
the staff's concern about the number of service stations needed at each quadrant of
the freeway intersection. Mr. Peterson suggested that testimony be taken in the
public hearing and the item continued to the meeting of December 22, 1975.
Assistant City Attorney Beam advised that while the necessary findings for approval
have not been included in the staff report, that is not to say that those findings
-3- November 24, 1975
cannot be made. After taking testimony the Commission should indicate if they
- want the final report to include findings for approval for their consideration.
Chairman Chandler reopened the public hearing.
Ray Powell, Shell Oil Company, 3511 Camino del Rio, San Diego, expressed the
willingness of that firm to work with the staff in their study of the interchange.
He did not want a decision made on an incomplete study that might Jeopardize their
request, but hoped there would not be a long delay.
MSUC (Rudolph-Starr) The public hearing in consideration of PCC-75-19 be continued
to the meeting of December 22, 1975.
5. PUBLIC HEARING: Conditional use permit PCC-75-22 - Operation of extended family
houSehold/boarding house for 15-18 persons in R-3 Zone~ 456
Casselman - Ministering Cor~nunity Trust of the First Baptist
Church
Current Planning Supervisor Lee noted that this is the second request to locate a
communal household in the R-3 zone. The surrounding area is zoned R-3 and contains
a mixture of apartments, single family homes, and some duplex units. There are
presently 17 persons residing in this household and based on the size of the house
and the number of bedrooms, the Building Inspection Department would place a limit
of 18 as the permitted occupancy. Mr. Lee pointed out that since any of the cars
belonging to the residents may be driven by any licensed member of the household,
the use of tandem parking would not present a problem as with an apartment complex.
He called attention to the comparison of this household to an apartment project
which could be constructed on the site, noting that while the number of residents
would,be approximately the same, this use would require less parking and generate
less traffic than apartments.
Mr. Lee acknowledged receipt of a petition containing 106 signatures in opposition
to granting a conditional use permit in an R-3 zone. The petition does not refer
to this particular address but applies to any communes in an R-3 zone.
Mr. Lee enumerated the recommended conditions and called attention to the findings
for approval of the request.
Commissioner Rudolph questioned whether Casselman Street and Monte Vista could
handle the traffic that would be generated if this R-3 area were redeveloped with
apartments.
Mr. Lee expressed the opinion that the streets are adequate to handle the traffic
but at the present time there is a problem with on street parking which is the
result of apartments developed prior to adoption of the ordinance requiring off-
street parking for such development. Any new development would have to meet this
requirement.
In response to a question from Con~nissioner Pressutti, it was confirmed that a
communal household has been at this site for a little over one year.
Assistant City Attorney Beam advised that due to the controversy in regard to this
revision he wished to comment on the conditional use process and on the Planning
-4- Noyember 24, 1975
Cormnission's obligation with regard to hearing testimony and making findings.
He pointed out that the process consists of the Corm~ission taking testimony, and
upon the information received, in terms of the written staff report, petitions
and letters, and comments from the applicant and general public during the hearing,
the Commission must make the mandatory findings to approve the application. One
of the findings is that the proposed use at the particular location is necessary
or desirable for the well-being of the community; a second finding is that the 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. In determining these findings, Mr.
Beam indicated the Commission should consider the use of the land as it relates
to the land use of surrounding area~. He admonished the Co,lmission that they may
not make any determination or findings based upon their feelings regarding the
religious beliefs of the applicant or the associations which the applicant feels
are necessary for their particular use of the property.
This being the time and place as advertised, the public hearing was opened.
Arthur S. Alari, 245 Ash Avenue, member of the Ministering Community and agent
as a real estate salesman, asked to relocate the households from the R-1 zone to
the R-3 zone to be in compliance with the City Code. He concurred with the infor-
mation contained in the staff report and with the conditions set forth. In response
to a question from the Commission he advised that the garage is not presently used
for parking automobiles but it could be.
Cary Farr, 456 Caselman Street, spoke of the lifestyle of the residents of this
house and similar households, noting that he has been a resident in the various
households for four years. He pointed out the advantages of having others to share
with and counsel with.
Sid Morris, 862 Cedar Avenue, advised that he had no objection to the communes,
except that he objects to them in zones where a conditional use permit is required.
He contended that permitting the community houses in the R-3 zone and not in the
R-1 zone is saying that the R-3 zone citizen is a second class citizen. He felt
they are entitled to the same protection as an R-1 citizen. He asserted that if
this is approved it will open all of the R-3 areas to boarding houses. He expressed
the opinion that the only place for the communal house is in the commercial zone.
William Van Hoy, 308 East James Street, expressed appreciation for the Assistant
City Attorney's direction that comments pertain to land use. He quoted from the
Housing Element which calls for new horizons in social, economic and physical
planning. He called attention to a comment in an earlier staff report which said
the importance of this policy is the recognition that there are varying lifestyles
to be considered in the urban area subject to the finding that variations to the
community's conventional preferences offer valid and compatible lifestyles.
Martha Ruby, 140 Elder, speaking for the members of the anti-commune organization,
called attention to the petitions circulated in the area of 456 Casselman,
which resulted in 266 signatures opposing a boarding house at that location,
by the statement that "This conditional use permit would allow a communal life-
style inconsistent with the residential character of the R-3 zone. This proposed
building would be a single purpose building, permanently imposing a communal struc-
ture on the neighborhood. We further oppose any additional use permits for extended
family boarding houses or communes in the R-3 area."
,5- November 24, 1975
Betty Campbell, 737 Nacion, reported that she and her husband own an apartment
_ house which could be chan~ed into eight bedrooms. She asked if this could be
accomplished and the bedrooms rented to college students at a reasonable rent.
She suggested four students to a bedroom at a rent of $25.00 a month which would
give the students the experience Of dormitory living. This would be a service
to the college students and provilde more i~co~e t~ the owner than renting the
apartments. She felt the outcome of the application in question would have some
bearing on the possibility o~ their do~ng this.
Joseph Samuel Noe, 452 Cassel~a% ne~t door neighbor to the commune in question,
reported that they had presented no problems, their yard was kept clean and he
felt they were an asset to the neighborhood.
~ary Seifert, Pacific Beach, an ex-member of the conm~unes, spoke against the
leadership that governs these households.
Roger Youmans, 613 Second Avenue, practicing physician, spoke in support of the
communes and the support and care they provide for some persons who would other-
wise be dependent upon the taxpayers. He contended that in ministering to the
health and well-being of the residents in and around their households they are
rendering a positive community service.
Hugh Ferguson, 728 Elm Avenue, challenged the findings under items 1 and 4 as
contained in the staff report. He questioned that this is a more economical life-
style, citing the airplane trips to various places in the United States, England and
Africa, taken by ~astor Pagard, some of the elders and some of the household members.
He also contended that the existence of recreational facilities in the area is not
- a valid finding in support of the desirability of this use to the general well-
being of the neighborhood or the community. He requested that the findings be
stricken and a more complete and applicable study be done before this permit is granted.
Mr. Ferguson also took exception to the statement that granting this conditional
use will not adversely affect the General Plan of the City of Chula Vista. He
asserted that this new lifestyle is in direct conflict with the General Plan of
Chula Vista. He quoted from Mr. Pagard's news letter of May 13th, "Our mission is
to take Chula Vista for Christ." Since Christianity is Just one of many religions
practiced in Chula Vista, he felt this will not make Chula Vista a better city. He
submitted that the communal lifestyle is dangerous and not desirable for the well-
being of the community.
Clay Ford, resident at 456 Casselman Street, one of the pastors of the First Baptist
Church and head of the Sunshine Household, described the composition of their house-
hold and stressed their good relationship with their adjacent neighbors. He elabor-
ated upon the commitment of the household members.
Marshall Woodend, 85 Monte Vista, long time resident in the area, spoke of the
orderly growth of the city since he first came in 1926o He felt that households
such as this are preferable to apartments and that they are rendering a service to
youth in need of counseling.
Mrs. Nancy Lawe, 163 Brightwood, speaking as a member of the anti-commune organization,
expressed the opinion that the residency of this house is too high for the number
of bedrooms. She compared this to the standards recommended by HUD and for military
- housing; since the households in question are not private homes she felt they should
-6- November 24, 1975
comply with those standards. She pointed out that this house provides only about
half the amount of living space per person as that required in apartment units.
She contended that the concentration of communal households in this neighborhood
is detrimental to the area, and will make it a depressed area in the community
affecting property values. She expressed the belief that the church is infringing
upon individual rights by extending ministerial practices and religious concepts
into residential areas, resulting in a tight religious community atmosphere which
is detrimental to the neighborin~ residents' religious freedom rights. She raised
questions concerning the policin~ of the proposed conditions of approval.
David Mills, 169 Brightwood~ member of the anti-commune organization and speaking
in their behalf, expressed the opinion that R-3 regulations do not provide for
communes. He discussed the difference between multiple family dwellings and
extended family dwellings. He contended that moving co~mnunes from the R-1 to the
R-3 zone will not solve or ease the problem which they create.
As no one else wished to speak, the public hearing was closed.
Commissioner Rudolph pointed out that boarding houses are allowed in the R-3
zone as a conditional use, which gives the Commission the responsibility of
reviewing each application to determine its desirability in a particular location.
She pointed out this is not changing the zone or stretching the zone. The question
of density should conform to the zone.
MS (Rudolph-Pressutti) The Commission finds that this project under PCC-75-22
would not have any possible significant impact on the environment, and certifies
the Negative Declaration for IS-75-73.
The motion carried by the following vote:
AYES: Commissioners Rudolph, Pressutti, Chandler, Floto and Starr
NOES: Commissioner Smith
MS (Rudolph-Starr) Conditional use permit PCC-75-22 for operation of an extended
family household in the R-3 zone at 456 Casselman Street is approved subject to
the conditions and based upon the findings as stated in the staff report.
Commissioner Smith advised that he could not support finding No. 1 which states
that this use is necessary or desirable.
Commissioner Starr commented that the Commission must substantiate the findings,
and that they have an obligation to the property owner and to the applicant as
in every case. He pointed out that logisticwise this use is not an undue burden
on the community resources, and since there have been no complaints concerning
this household from people living adjacent to the site, the finding of no detrimental
effect can be supported.
Commissioner Pressutti pointed out that the Constitution of our country guarantees
certain rights, including rights of association, the right to join hands, combine
energies and resources with like minded individuals to advance to any common goal
to a common established cause. This is not a right to be enjoyed only by those
that the majority identify as good; this is a right of everybody in our society.
-7- ~ November 24, 1975
Changes in conditions of life have, and will continue to produce unforeseeable
changes in fashion, morals, social values, politics and even religious convictions.
- He expressed the opinion that the Commission can expect to find themselves confronted
with atypical ideas, including atypical social structures or arrangements, which
due to personal value systems, they may have some difficulty in tolerating, let alone
accepting or approving. Yet the Commission must consider the rights of everybody
and understand that as representatives of the Community they must examine such code
provisions as, "R-3 is designed to provide for and encourage intensively developed
residential environments with appropriate environmental amenities, such as open
space, landscaping and offstreet parking"; also the provision that, "A rooming house
of six occupants can be established as an accessory right within an R-3 zone,"
and that a conditional use permit is required if the occupancy exceeds six. He
pointed out that this proposal meets the setback, open space, landscaping and parking
requirements as specified for the R-3 zone. He urged the Commissioners to demonstrate
a tolerance for the pluralism of our society by granting this application, and thus
not undermine the civil liberties of all citizens by rejecting an application simply
because the applicants represent a lifestyle with which the Commissioners personally
disagree.
The motion carried by the following vote:
AYES: Commissioners Rudolph, Starr, Pressutti and Chandler
NOES: Commissioners Smith and Floto
The Chairman advised that this decision could be appealed to the City Council within
ten days.
7. PUBLIC HEARING: Conditional use ~ermit PCC-75-15(b) - Construction of Bonita
Vi§ta 90 unit apartment complex in c-c,P ~one~ 700 block Ota~
Lakes. Road - Norman/Ashwill
Current Planning Supervisor Lee reported that this application was filed to
accommodate the applicant's desire to build residential units on C~C-P zoned
property. The total project covers 10 acres with 6 acres devoted to apartment
development, which consists of 90 units, including 20 one-bedroom, 66 two-bedroom
and 4 three-bedroom. This represents a density of 15 units to the acre, slightly
under the 17 to the acre as shown on the general development plan for the area.
Mr. Lee presented photos of a similar project in the County which uses the same
architecture as proposed for this project, noting that these are two story, flat-
roofed structures with prominent balcony and stairway railings. The buildings
are predominantly stOcco rough textured masonite. By contrast the recreation building
has some significant building features, including pitched roof and varying angles
on the projections. The staff feels that style adds interest to the development.
Inasmuch as these are the first apartments to be built in this area, it is the
staffs opinion that this development will set the character for apartments in this
section of Chula Vista. He called attention to the architectural changes recommended
in the report, including pitched roofs with shake or cedar shingles, more use of
wood trim and continuity of accent paneling, and a more subdued treatment of stair-
ways and balconies.
-8- November 24, 1975
Mr. Lee also advised that pursuant to information contained in the Environmental
Impact Report, it is recommended that condition No. 3 be amended to include the
statement that the developer shall take the necessary measures to protect the
archeological resources on the site.
This being the time and place as advertised, the public hearing was opened.
Julie Prewitt, 20th and B, National City, representing the owners, expressed
their concurrence with the recommended conditions with the exception of the
suggested architectural changes. According to their cost estimates, making the
architectural changes as recommended by the staff would increase the cost of the
project by $44,000, or $500 per unit. One of the cost factors concerns the use
of cedar shake shingles vs. composition roofing, which adds $13,000 to the project.
In response to concerns expressed by Commissioner Rudolph with relation to the
Housing Element, Ms. Prewitt reported that they had addressed the Housing Element
through Section VIII housing administered through HUD, but learned there are no
funds available at the present for new housing. She pointed out that they are
attempting to keep the rental rates within the reach of middle income families, but
architectural features which add to the cost, will necessarily increase the rental
figures.
As no one else wished to speak, the public hearing was closed.
Commissioner Starr commented that the Oxford Arms development, pictured in the
photos that were presented, is an economical development and is functional for
its particular location. He felt, however, that in this area, where this is the
first development of multiple units, further consideration should be given to the
design.
Commissioner Rudolph expressed the opinion that the dominence of the stairways
and balconies as shown in the pictures is not pleasing architecturally. She felt
this could be modified without increasing the cost, but indicated she would hesitate
to require a shake roof which would add to the cost.
MSUC (Starr-Floto) The Planning Commission certifies that it has reviewed EIR-75-5
relating to this project, has considered the information in the EIR, and finds that
it has been prepared in accordance with CEQA and the Environmental Review Policy of
Chula Vista.
It was moved by Commissioner Starr, seconded by Commissioner Floto, that the
Commission approve PCC-75-15(b) to construct 90 apartments in the C-C-P zone on
Otay Lakes Road, subject to the conditions as stated in the staff report with the
addition as noted by Mr. Lee, and that approval is based on the findings stated
in the staff report.
It was moved by Commissioner Rudolph that the motion be amended by changing condition
6 to read that the architectural treatment of the building shall be reviewed and
changed if it can be done economically to the satisfaction of the staff.
The motion for amendment died for lack of second.
It was moved by Commissioner Smith, seconded by Commissioner Rudolph, that the
motion be amended by deleting condition 6, and voting on architectural treatment
separately if desired.
-9- ~ November 24, 1975
The motion for amendment carried by the following vote:
AYES: Commissioners Smith, Rudolph, Starr, Pressutti
NOES: Con~issioners Chandler and Floto
The motion for approval of PCC-75-15(b) with condition 6 deleted carried by the
following vote:
AYES: Commissioners Starr, Floto, Rudolph, Smith, Pressutti
NOES: Commissioner Chandler
It was moved by Commissioner Starr~ Seconded by Commissioner Floto, that condition
6 relating to architectural treatment be adopted and included in the resolution
approving construction of the apartments.
The motion failed to carry by the following vote:
AYES: Commissioners Starr, Floto and Chandler
NOES: Commissioners Smith, Rudolph and Pressutti
8. PUBLIC HEARING: Consideration of Precise Plan PCA-74-H for Bonita Vista
apartments~ medical and retail center - Norman/Ashwill
Current Planning Supervisor Lee advised that the Precise Plan covers the develop-
ment of the l0 acre parcel, including the 6 acres to be developed with apartments
under the previous approval, approximately 1.5 acres to the east to be developed
- as retail commercial, and 2 acres zoned C-O which is designed as a medical facility.
He pointed out that the medical facility would be a two-story structure and include
offices for approximately 19 doctors, laboratory space, and a pharmacy. The skeletal
plan for the retail commercial indicates about 15,000 sq. ft. of building area,
which is shown schematic in nature at this time
~r. Lee called attention to the 8 conditions included in the staff recommendation
for approval of the plan. He noted in particular that condition 3 requires that
architectural elevations of the apartment units be revised in accordance with the
conditional use permit. He also called attention the sign regulations for the entire
development.
The Commission discussed the possible means of requiring some architectural control
over the apartment complex which is included in this Precise Plan.
Assistant City Attorney Beam advised that rather than reconsidering the previous
motion which approved construction of the apartments without architectural
requirements, that the Commission submit such comments as they desire in this
regard to the Council, who has final action in approving the Precise Plan.
This being the time and place as advertised, the public hearing was opened.
Glenn Ashwill, one of the owners of the property, spoke of their strong desire
to get this property developed. He pointed out that they have owned the property,
which was formerly zoned C-T, for a number of years. When the zoning was changed
to C-C-P, a condition was adopted that the design features of the commercial uses
be coordinated with the design of the 8 acre commercial center to the south of this
site. Since there is no development on that site as yet, Mr. Ashwill feels that
this development should establish the architectural design for the area.
-10- November 24, 1975
As no one else wished to speak, the public hearing was closed.
Commissioner Starr expressed the opinion that some architectural control as
provided by the Precise Plan designation should apply to the apartment development.
MS (Starr-Rudolph) The Commission recommends to the City Council the approval
of the Precise Plan for development of Bonita Vista apartments, medical offices
and retail commercial, based on the findings as stated in the staff report, and
subject to the conditions as stated, with the exception that condition 3 be
amended by removing the statement "The architectural elevations of apartment units
shall be revised in accordance with conditional use permit requirements and re-
submitted for Planning Commission review and recommendation," and inserting in
lieu thereof, "Reasonable architectural control as provided in the Precise Plan
designation."
It was moved by Commissioner Smith, seconded by Commissioner Pressutti, as an
amendment to the main motion, that condition 3 be deleted from the previous motion
and that it be considered separately.
The motion for amendment carried by the following vote:
AYES: Commissioners Smith, Pressutti, Rudolph, Floto
NOES: Commissioners Chandler and Starr
The motion for approval of the Precise Plan, less condition 3, carried by the
following vote:
AYES: Commissioners Start, Rudolph, Pressutti, Smith, Chandler and Floto
NOES: None
MS (Starr-Pressutti) The motion recommending to the City Council the approval of
the Precise Plan for Bonita Vista development be amended to include condition 3
to read as follows: "The architecture of the medical office building is approved;
all of the elevations shall continue the theme submitted as the front and right
elevations. Reasonable architectural control, as provided by the Precise Plan
designation, shall be applied to the apartment development. No building permit
for the apartments shall be issued until such time as their arc~tectural treatment
has been approved by the Planning Commission and City Council."
The motion carried by the following vote:
AYES: Commissioners Starr, Pressutti, Chandler, Rudolph, Floto
NOES: Commissioner Smith
9. PUBLIC HEARING: Conditional use permit PCC-75-23 - Operation of automotive
diagnostic and minor tune-up ~acilit~ in C-T zone~ 1099 Third
Avenue - Insta-Tune~ Ltd.
Director of Planning Peterson reported that under this proposal an existing service
station would be converted to a minor tune-up and diagnostic center. It was the
conclusion of the Director that this use is appropriate for this location and approval
is recommended with a number of conditions for upgrading the appearance of the site.
-ll- November 24, 1975
Commissioner Smith suggested that an operation using a dynamometer should be subject
to the measure of noise control.
This being the time and place as advertised, the public hearing was opened.
Carl Walls, with J. Ward Dawson, architect representing the applicant, expressed
agreement with the staff recommendation but questioned the requirement for public
improvements which they understood would be required only if building improvements
exceeded $5,000.
Assistant City Attorney Beam advised that public improvements may be required
pursuant to the issuance of a conditional use permit. These improvements are
a matter of discretion on the part of the Planning Commission on this particular
application.
Mr. Walls advised that use of the dynamometer represents street running conditions
up to 65 miles an hour. Such test would require running a motor at high speed
for approximately 3 minutes at a time.
It was suggested that under those conditions, the operation should be limited to
regular business hours, 8:00 a.m. to 6:00 p.m., six days a week.
In response to a question from Commissioner Pressutti, Mr. Walls indicated that the
public improvements which they feel are excessive are the 20ft. wide parkway adjacent
to Naples, 8 ft. wide sidewalks, and installation of new concrete driveway aprons.
He felt those costs would exceed the cost of improvements to the structures on the
property.
Steve Park, 32185 Paseo Carolina, San .Juan Capistrano, the applicant, advised that
they would upgrade the site by sandblasting and repainting the building, taking out
the storage tanks and gas pumps and put in landscaping. This will require the
investment of considerable capital to get into business, and he felt the public
improvements specified, particularly the 8 ft. wide sidewalk on both sides of the
site would be prohibitive, and they could not pursue the project under those conditions.
It was suggested that this public hearing be continued in order that the applicant
and staff might further discuss the plan and the improvements.
MSUC (Pressutti-Rudolph) The public hearing in consideration of PCC-75-23 be
continued to the meeting of December 22, 1975.
Director of Planning Peterson reported that a request has been received to move
agenda item ll ahead of item 10. The applicant for item 10 consented.
ll. PUBLIC HEARING: Variance PCV-75-21 Reduction of rear yard from 15' to 3.5'
for attached structure~ ~96 D Street - Don Robinson
Current Planning Supervisor Lee advised that the subject property has a detached
garage located 3 1/2 feet from the rear property line. The applicant proposes to
add a room to the existing dwelling which would also connect to the garage, thus
making it a part of the main building, which under the ordinance provisions must
- observe a 15 foot setback. It is the staff's opinion that ample rear yard area will
remain and that the application should be approved based on the findings contained in
the staff report.
-12- November 24, 1975
This being the time and place as advertised, the public hearing was opened.
Don Robinson, 496 D Street, spoke of their need for expanded living area, and the
physical difficulties of adding a family room in any other location.
As no one else wished to speak, the public hearing was closed.
MSUC (Rudolph-Floto) Variance application PCV-75-21 be approved based on the
findings as stated in the report to the Co~mission.
10. PUBLIC HEARING: Variance PCV-75-20 -.Temporar~ .use of portable classrooms~
740 Hilltop Drive - Hilltop Baptist Church
Director of Planning Peterson reported that the church has requested permission
to add 4 mobile units to enlarge their classroom space. The staff has evaluated
the request and recommends approval for one unit. He cited instances of repeated
requests for extension of such temporary use. He called attention to five
reco~ended conditions for approval of a single coach unit for a period of one year.
This being the time and place as advertised, the public hearing was opened.
Richard Brooker, 63 Millan Court, chairman of the expansion committee for the
Hilltop Baptist Church at 740 Hilltop Drive, discussed their need and ability to
expand their permanent facility, which they anticipate having accomplished within
one year. He reported that their current attendance at bible school classes has
resulted in an immediate need for 1500 sq. ft. of classroom space, or three 10'
x 50' mobile units; they are requesting an option to install one more unit in case
their growth warrants it before completion of the new building. He indicated these
would be rented units.
As no one else wished to speak, the public hearing was closed.
MSUC (Floto-Rudolph) Variance application PCV-75-20 be approved, based on the
findings contained in the staff report, and subject to the conditions as stated
in the staff report with the exception that condition No. 2 be changed to read
a maximum of three mobile units rather than one.
2. PUBLIC HEARING: Consideration of amendment PCZ-75-4 to Municipal Code to
require new ~ara~e as condition of ~arage conversion.
Director of Planning Peterson advised that the Council had expressed concern over
the conversion of garages to living space and directed the staff to prepare an
ordinance which would allow conversion of a garage only if a new garage was
constructed on the property. The staff formulated an alternate recommendation to
the Council which would have allowed a garage conversion if two off-street parking
spaces behind the front setback area could be ?ovided. The Council did not concur
with that suggestion and established a moratorium on garage conversions until an
ordinance is presented for their consideration. The suggested ordinance attached
to the staff report is written as Council directed to require a new enclosed garage
if an existing gara§e is to be converted to living space.
'~- -13- ~ November 24, 1975
This being the time and place as advertised, the public hearing was opened. As
no one wished to speak, the public hearing was closed.
Commissioner Rudolph expressed the opinion that in view of the housing situation
of today, the proposed ordinance is very restrictive. She felt the proposal by
the staff for two off-street parkin~ places behind the setback line should be
sufficient, and this would enable people with growing families to fulfill their
need for additional livin~ space.
Commissioner Floto asked if provision is made to require enclosed storage area
in the event of a garage conversion.
Mr. Peterson advised that that requirement is presently contained in the ordinance
and no change is recommended.
MSUC (Rudolph-Pressutti) The Commission finds that the proposed amendment would
not have any possible significant impact on the environment and certifies the
Negative Declaration.
MS (Rudolph-Pressutti) The Commission recommends to the City Council the adoption
of an amendment to Section 19.62.190 of the Municipal Code to provide that in the
event of a garage conversion, two off-street parking spaces behind the front setback
line shall be required; that tandem parking does not meet this requirement; and
establishing guidelines for architectural compatibility for garage conversions.
The motion passed by the following vote;
AYES: Commissioners Rudolph, Pressutti, Floto, Starr and Chandler
NOES: Commissioner Smith
Commissioner Pressutti requested that a copy of this ordinance be supplied to the
Commissioners.
DIRECTOR'S REPORT
Mr. Peterson had no report at this meeting.
COMMISSION COMMENTS
Commissioner Rudolph expressed concern over approving variances for the temporary
use of trailers. She asked if the code mi§ht not be amended to allow them as
a conditional use.
Mr. Peterson acknowledged that this is a problem that the staff will look into and
will present a recommendation for such an amendment when time permits.
ADJOURNMENT
Commissioner Pressutti moved that the meeting be adjourned at 11:25 p.m.
- Respecectfully submitted,
Helen Mapes, Secrei~ary