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HomeMy WebLinkAboutPlanning Comm min 1972/12/18 MINUTES OF A REGULAR ADJOURNED MEETING Or THE CIT¥ PLANNING COMMISSIOI~ OF CHULA VISTA, CALIFOR[{IA December lB, 1972 · · of Chula Vista, California , ~., nih Commission. following members .... ~nn of the C,t~ p~a~ -~gT-o0 p.m. wlth~the ..... d Wilson. The : ~ ~.. the above uo~- y ~. Rudolph, ~n~ '=~tinn meeting o~ ~,,~ was ne~u u~. ~ MaceviCz, Cnanu':''~o,~t due to a com,,~ present:. ~c~t~Z ~ller was not pre ..... Environmental Control Conmission- Also present: Acting Director of Planning ~x_officlo memu:- .. Nilliams, Assistant planner Lee, Assistant Director of Public works RobenS, Director of Parks and Recreation Hall and Assistant City Attorney Blick. The pledge of allegiance to the flag waS led by Chairman Rice, followed by a moment of silent prayer. Commission'S actiOn Mr. Rice made reference to Chairman Rice read a prepared statement concerning the on Br. Bloom'S SportS World the previous week. environmental impact, finan- the various problems with reference to traffic, cial viability which the CommissiOn had been unable to obtain solutions or umerous public hearings- He maintained that in light of ..... ,~rs to during n .. ~^ ro~ission had acted in a responsible manner for the best interests of this community. · en verbally expressed their con- . r* Rudolph an~ Wh~ fha' an called for oral ~ m¼~r~ Macewcz, Chandl? .,~ :+atemens. ~" ~,e,, ..... .~,_ ~airman Klce ~ o~ · currence w]~n ~- communications and none were forthcoming. ~Stus~ Ma~lAve' . . ideration of rezoning of · lic hearing for.Cons._ he ontinued to January ,~,,p trh~ndler-Wh~tten) Th~ pu~_ east of taax ~venu:, -- c m~u~ ~ .... ~ ~f Orange Avenu:, ~ 4.57 acres norb,.~ ...... -tal Impact ~ep .... PUBLIC HEARING Cont. : Consideration of r Max Avenue MSUC (Rudolph-Macevicz) The public hearing for consideration of revision of the General plan for 4-1/2 acres north of Orange Avenue east of Max Avenue be continued to the meeting of january 22, 1973 for an Environmental Impact rt. _ t J Street - Re uest RepO _ . DITION USE.PERMIT .70 Ea~ilit . Simkin & Son, Inc. PUBLIC HEARING g~tin~t~~ self-service asollne fa MSUC (Macevicz-Whitten) The public hearing for a conditional use permit to install self-service gasoline facility at 70 East J Street be continued to January 15, 1973 for Environmental Assessment- MIT - 24 Br~ ..... · ~ ,~,ING (Cont~.: ~hT~ Manual ~- r,~ ...... -2- 12/18/72 MSUC (Whitten-Macevicz) The public hearing for a conditional use permit to operate an auto body repair and paint shop in C-T zone be continued to the January 15, 1973 meeting for an Environmental Assessment. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - 760 BroadwaS - Request to construct addition to bodS repair shop building and construct retaining wall at south end of propertS - Fuller Ford MSUC (Chandler-Rudolph) The public hearing for a conditional use permit to construct addition to body repair shop building and constmct retaining wall at south end of property at 760 Broadway be continued to January 15, 1973 for an Environmental Assessment. PUBLIC HEARING (Cont.): CONDITIONAL USE PERMIT - 818 BroadwaS - Request to remodel existing used car lot - South BaS Chevrolet CompanS MSUC (Whitten-Macevicz) The public hearing for a conditional use permit to remodel existing used car lot at 818 Broadway be continued to January 15, 1973 for an Environmental Assessment. PUBLIC HEARING (Cont.): VARIANCE - 795 Third Avenue - Request for re- duction of front setback from 5' to 0-5' slant - Mark Fishauf MSUC (Rudolph-Chandler) The public hearing for a variance for reduction of front setback from 5' to 0-5' slant at 795 Third Avenue be continued to January 15, 1973 for an Environmental Assessment. PUBLIC HEARING: REZONING - OtaS LakeS Road and Allen School Lane - R-E-D to R-E-P Ranch~ Robinhood HOmes~ Inc~ Acting Director of Planning Williams reported that the applicant has requested consideration for establishing a public hearing on January 29, 1973, rather than continuing this hearing to February 5 as recommended by the staff. January 29 will be tile fifth Monday in January and would require the setting of a special meeting. The Commission felt the date of January 29 should be reserved for a workshop meeting. MSUC (Whitten-Rudolph) The public hearing to consider rezoning of property at Otay Lakes Road and Allen School Lane be continued to the meeting of February 5, 1973 for an Environmental Impact Report. SUBDIVISION: Revised Tentative Map of Rancho Robinhood MSUC (Rudolph-~hitten) Consideration of a revised tentative map of Rancho Robinhood be continued to the meeting of February 5, 1973. -3- 12/18/72 Request for Vacation of a portion of Moss Street - Mrs. Edward M. Galla~her Acting Director of Planning Williams indicated the location of a stub street which was dedicated to the City in 1955 as part of a subdivision development. He noted this is the only access to the Country Club area from the east. It is felt the City should retain this right of way for use in the event the prop- erty is redeveloped to another use in the future. The applicant has stated this vacant property is an eyesore and a dangerous element in the neighborhood due to trespassing and loitering. The Planning staff recommends that the appli- cant pursue the possibility of an encroachment permit in order to fence the property and be able to maintain it. Darrel L. Harris, 998 Corte Maria, reported that he lives next door to the prop- erty and is appearing for the owner who is ill. He expressed the owner's desire to fence the property in order to keep out the undesirable element which has resulted in burglaries in the area after gaining access through this vacant property. He reported that the police do patrol the street, but due to the topography, the back portion of the lot is not visible from the street. He also spoke of the litter which accumulates in the vacant property and indicated that if he could have control of the property, he would clean it up, mow it, and keep the weeds down. Chairman Rice suggested that the same purpose could be obtained by fencing the property under an encroachment permit. Assistant City Attorney Blick advised there are a number of ways of granting the applicant temporary use or control of the property, such as a temporary revocable easement to construct and maintain a fence, an encroachment permit, or other ways. Member Chandler expressed the opinion the recommendation of the staff should be followed in denying the request for the vacation of the street and the applicant advised to pursue other means with the City to rectify the existing problems. MSUC (Whitten-Chandler) Recommend that the request for vacation of the portion of Moss Street between Corte Maria Avenue and the San Diego Country Club be denied, and the applicant be advised to seek an encroachment permit or other means to allow fencing the area to prevent loitering on the property. Member Wilson commented that since this property belongs to the City, it is incumbent upon the City to exercise proper controls to maintain it; if this requires fencing, the City should do that. Member Macevicz reported that the same problem exists for properties adjacent to the Hilltop-Telegraph Canyon Road Park, and that perhaps all City property should be fenced or more closely patrolled. Request for deferral of installation of street lights at 4243 Bonita Road - Robert Hammond Acting Director of Planning Williams advised that the applicant has submitted a request for a building permit with a valuation in excess of $5,000 which -4- ~ 12/18/72 requires the installation of public improvements, including street lights. The Department of Public Works is preparing a master plan for street lights that will include this street frontage. Since that plan is still in the formative stage, the staff concurs with the Department of Public Works' reco- mmendation that the deferral be approved subject to the posting of a surety bond and execution of an agreement to guarantee the future installation of the street lights upon written notice by the City. Member Wilson questioned the need for requiring the posting of a bond for improvements of this type. It was pointed out that if the property changes hands before the improvements are required it then becomes difficult to enforce the requirement if a bond has not been posted. MSUC (Whitten-Macevicz) The request for deferral of installation of street lights at 4243 Bonita Road be approved subject to the conditions enumerated by the Director of Public Works. Request for deferral of installation of sidewalk at 660 L Street -Ratner Bros. Acting Director of Planning Williams reported that the applicant has requested approval of a building permit for improvements in excess of $5,000 which requires the installation of public improvements. However, since there will be further improvements in the future, they have requested deferral of the installation of sidewalk. The staff's concern was whether there is pedestrian traffic of school children going to Harborside School in this vicnity, but investigation showed all of the children are bussed to school. In answer to a question from Commissioner Whitten, Mr. Robens advised that a pedestrian traffic count had been taken and it was very low. MSUC (Wilson-Rudolph) The request for deferral of installation of sidewalk at 660 L Street be approved subject to the conditions of the Director of Public Works. Request for deferral of zonin§ wall at 778 Broadway - Bill Whitehead [Christies) Acting Director of Planning Williams indicated the location of a~ existing restaurant for which approved remodeling plans included additional paved park- ing spaces and a 6 foot high masonry zoning wall. The applicant has completed the remodeling with the exception of the zoning wall and has advised that due to higher costs than had been estimated, he is not financially able to install the required wall at this time, and is requesting a deferral of this require- ment for one year. The applicant is also requesting permission to build a half wood and half block wall instead of an all block wall. The staff has no ob- jection to this modification and recommend approval of the deferral request for 6 months. Member Whitten questioned how this establishment could be in operation without having the zoning wall which is required between commercial zones and residential zones. It was pointed out that the restaurant was constructed and'in operation prior to the enactment of the ordinance which requires the zoning wall, but this requirement was included in the permit for ren~deling. MSC (Chandler-Swanson) The request for deferral of construction of a zoning wall at 778 Broadway be approved for a period of six months subject to the conditions recommended by the staff. -5- 12/18/72 The motion carried by the following vote: AYES: Members Chandler, Swanson, Whitten, Rice, Macevicz and Wilson NOES: Member Rudolph ABSENT: None Request for waiver of under~round utilities at 195-199 East J Street - Steve Cropse~ Acting Director of Planning Williams indicated the location of two lots for which a waiver of the underground utility requirement for two houses under construction has been requested. He advised that the City Code requires that all structures built in residential zones shall have all utility service with- in the exterior boundary lines of the property placed underground. He also noted that all of the homes in the surrounding area have overhead service and the utility poles are located on the south side of J Street, across the street from the applicant's property. SDG&E has stated they can provide service either above or below ground. Mr. Williams pointed out the Commission has two options in this case. One is to approve the request which would result in overhead service from the south side of J Street to each of the houses; the second option is to deny the request, in which case a po19 may be placed on the north side of J Street to run the wires overhead to it from the south side, and then underground to each of the houses. Although SDG&E has estimated it would cost the applicant $344 to run the service for both lots under J Street, there is no way to re- quire the undergrounding of the utilities outside of the applicant's property lines. The staff recommends that the request be denied as it will help in the future undergrounding of utilities along J Street to have the service to the houses underground. MSC (Whitten-Chandler) The request for waiver of underground utilities at 195-199 East J Street be denied based on the finding that no exceptional cir- cumstances or hardships were found to justify a waiver from the underground requirement, and further that the staff communicate with the applicant and determine if he would be willing to underground the utilities from the south side of J Street. The motion carried by the following vote: AYES: Members Whitten, Chandler, Macevicz, Rice, Rudolph and Swanson NOES: Member Wilson ABSENT: None -6- 12/18/72 Request for substitution of land use from cleaners facility to dairy outlet - ~01 Broadway - Golden Arrow Dairy Associate Planner Lee indicated the location of a former service station site at the corner of Broadway and J Street which was later converted to a drive- through cleaners and self-service gasoline station operation, which operation has not been out of business for less than six months. The applicant has submitted a proposal to use tile site as a drive-through dairy outlet and self- service gasoline station. Mr. Lee noted that a nonconforming use which is determined by the Commission to be of the same or a more desirable nature may be substituted for another nonconforming use. It is the staff's opinion the previous and proposed operations are very similar in character with the possible exception of traffic generation. It is therefore recommended that approval should be contingent upon review in the future to ascertain whether traffic conflicts occur due to the nature of the site and traffic patterns. The staff recommends approval of the request subject to the following conditions: (1) The operation shall be reviewed by staff in six months to determine if the facility is generating enough traffic to cause a hazardous condition. If found that such a hazardous condition does exist the staff shall report its findings to the Commission who shall, at that time, stipulate the necessary conditions which would alleviate the problem; however, if the problem is determined to be unsolvable by the Planning Commission, then cessation of the milk operation may be imposed. (2) The drive-through dairy lanes shall be marked to facilitate traffic movement. The most easterly land marked for north movement and the westerly land for south movement. (3) A minimum of 5 offstreet parking spaces shall be marked perpendicular to the easterly property line. MSUC (Macevicz-Whitten) The request for substitution of land use from cleaners facility to dairy outlet at 701 Broadway be approved subject to the conditions recommended by the staff. Request for vacation of drainage easement -..~34 Broadway - Chula Vista Square Acting Director of Planning Williams reported that the development plans of a shopping center complex at this location include the construction of a re- taining wall along the westerly property line which would fall within an existing public drainage easement. Due to realignment of the drainage in the area, this easement is no longer required and the staff recommends the easement be vacated subject to the following condition: (1) Subject easement shall be vacated upon the completion of the new drainage structure along a different alignment, as approved by the Division of Engineering. MSUC (Whitten-Rudolph) Recommend to City Council vacation of drainage easement along the west property line of property at 542 Broadway, subject to the condition recommended by the staff. -7- 12/18/72 Preliminary Report on Open Space Maintenance District of E1 Rancho del Rey Associate Planner Lee reported that the City Council adopted an ordinance on January 14, 1972 which established procedures for the acquisition, development and maintenance of Various types of open space. Prior to City Council con- sideration for the formation of any district, the Director of Parks and Recreation and Director of Public Works must file a preliminary report with the City Clerk and that said report shall be forwarded to the Planning Commission for a recommendation. Mr. Gersten, representing the Otay Land Company, is requesting the formation of an open space district which would extend from H Street to Telegraph Canyon Road (north-south) and from Otay Lakes Road to the major north-south collector street (east-west). The Planning Commission has the option of recommending to the City Council either the formation of the district or not, and in addition may recommend inclusions or deletions to the preliminary report. Mr. Lee indicated the two most important issues in regard to this district include the type of open space to be included in the district and how the maintenance is to be funded. The Director of Parks and Recreation and the Director of Public Works have recommended that all public open spaces (natural and developed park) and slopes along major and collector streets be included. The City Attorney has indicated it may not be possible to include the public parks in the maintenance district, but he will took into this and advise the City Council. Mr. Lee pointed out that with regard to funding the attached report, proposed that the cost of maintenance be assessed against the total potential number of living units as they relate to the existing land parcels. The anticipated maintenance costs are estimated at $126,000 a year, which would result in an assessment of $5 or $6 per dwelling unit per year if there are approximately 2200 dwelling units within the boundaries of the district. Another equitable method would be establishing a tax rate against the total assessed valuation of property within the district. The staff feels this would be more equitable. Member Whitten asked if this philosophy would be followed in other areas to be developed, such as Sports World, where it is anticipated there will be 40% open space. Acting Director of Planning Williams indicated that it would and felt it would be critical that the districts could be expanded, so that one large district could cover the area, rather than many small districts. The Commission discussed the availability and use of the various types of open space by the general public. It was felt neighborhood parks are used mainly by the residents of the area, also that other types of open space provide for the enjoyment of nearby residents. Member Wilson questioned the fairness of taxing the residents of a particular area for maintenance of open space which anyone can use. -8- 12/18/72 Emerson Hall, Director of Parks and Recreation, explained the factors considered in determining the estimated maintenance cost, such as the landscaping and irrigation of slopes and banks created by grading for streets. He also expressed their desire to keep the open space canyons clean and esthetically pleasing. He confirmed that no one can be excluded from any park, but the majority of the use will be by people living near the parks. Paul Peterson, 530 B Street, San Diego, representing E1 Rancho del Rey, reminded the Commission they are the petitioner in the matter of establishing this district. He reported they did not have in mind, when they filed the petition, that the neighborhood parks would be included. He also advised they did not include the large open space canyon area; their petition was for slope maintenance. The reason they did not include those areas was that they thought there would be a separate park district that covered parks as opposed to other types of open space. He asked for clarification as to whether there would be separate districts. Acting Director of Planning Williams noted that the confusion may come from the fact that the City has been divided into park service districts to determine the amount of park land to be dedicated, or in some manner provided, for the various areas of the City. This is different than the open space maintenance districts. He reminded the Commission that the issue tonight is consideration of the preliminary report by the Director of Public Works and Director of Parks and Recreation and the Commission's recommendations on this report to the City Council. Mr. Peterson, reiterated it had not occurred to the applicant that parks would be included in the district for which they petitioned, and it is their view that neighborhood parks should not be included in this district. He advised their primary concern and their reason for filing the petition is the undeveloped natural slopes and the developed and planted slopes along Telegraph Canyon Road and the entrance road into the development, and along H Street. It is their intent that the district be formed and obtain capital by the issuance of bonds to purchase those slope areas from the developer after they have been installed and planted. He noted there is no reference to this in the preliminary report which leads them to the conclusion that somebody must have assumed they were going to dedicate those areas, which is not their intent. Acting Director of Planning Williams pointed out that the slopes in question are adjacent to proposed multiple family development and ownership of the prop- erty would extend to the street right of way. The City's aim in establishing a maintenance district is to have continuity of maintenance and probably at a lower cost than if each area is maintained separately. He indicated the City did not intend to purchase the slopes or request their dedication. He further pointed out that since the district would be comprised of the property owners and the developer currently owns the property, the developer would be the district. Mr. Williams suggested that the Commission make recommendations to the City Council on whether neighborhood parks should be included in the maintenance district, the manner in which the fees should be determined and on the appli- cant's request that the district purchase the slope areas. -9- 12/18/72 MSC (Whitten-Chandler) Recommend to the City Council that the neighborhood parks be included as a part of the maintenance district. The motion carried by the following vote: AYES: Members Whitten, Chandler, Macevicz, Rice, Rudolph and Swanson NOES: Member Wilson ABSENT: None MSUC (Rudolph-Macevicz) Recommend to the City Council that the assessment for financing the maintenance district be based on the total assessed valuation of property within the district with each individual owner's assessment to be his proportionate share of the total assessed valuation of the district. MSC (Chandler-Whitten) Recommend to the City Council that the slope areas shall not be purchased by the district. The motion carried by the following vote: AYES: Members Chandler, Whitten, Macevicz, Rice, Rudolph and Swanson NOES: Member Wilson ABSENT: None MSC (Macevicz-Whitten) The preliminary report of the Director of Parks and Recreation and Director of Public Works be forwarded to the City Council with the above recommendations. The motion carried by the following vote: AYES: Members Macevicz, Whitten, Swanson, Rudolph, Rice and Chandler NOES: Member Wilson ABSENT: None Request for report as to conformity with General Plan of acquisition of -- property f~r Sweetwater Regional Park - County of San Diego Acting Director of Planning Williams reported that a letter has been received from the County of San Diego requesting that the Planning Commission verify that certain properties proposed for acquisition as part of the Sweetwater Regional Park is in conformity with the Chula Vista General Plan. Mr. Williams indicated the location of the property, totalling 1.89 acres, located adjacent to the easterly end of the Chula Vista Municipal Golf Course, on Sweetwater Road just west of Central Avenue. The property is in the flood plain district and is designated on the General Plan under the Parks and Open Space classifi- cation. The proposed acquisition is therefore in conformance with the General Plan. MSUC (Whitten-Chandler) The staff be directed to draft a letter for the signa- ture of the Planning Commission advising the County of San Diego that the acquisition -10- 12/18/72 of the proposed property for inclusion in the Sweetwater Regional Park is in conformance with the General Plan. Written Communications Request to discuss drainage along Telegraph Canyon Road - Rick Engineerin~ Co. William Rick reported that the problem of drainage in this area along Telegraph Canyon Road was discussed with the staff several months ago with regard to possible alternatives to full encasement or undergrounding of the drainage. It was agreed that an alternate might be accepted although the exact nature of such an alternate was not worked out. In a later action rezoning a portion of the property a guideline for development was adopted, which required that all storm drainage construction would be underground. Mr. Rick reported this would amount to $1.25 to $1.50 per square foot of the total land. It is their request that the Public Works Director have the latitute to consider other design possibilities that might include surface carrying of water at some intensity of storm. He pointed out that this relatively small property, 12-1/2 or 13 acres, is being required to furnish a drainage system for water from 3100 acres. He noted that presently the property can only sustain a certain level of development, and to require that development to pay for complete undergrounding of the drainage becomes a burden. Assistant Director of Public Works Robens concurred that in their initial dis- cussions with Mr. Rick, they indicated there might be a possibility to work something out and that may still be the case. He felt the suggestion which they have reviewed is not tenable, but there may be other suggestions. Sandy Shulman, 1830 West Olympic Blvd., Los Angeles, representing the owners, reported that they had been working with Safeway Stores for several months attempting a develop a commercial center and found they would not accept a trapezoidal drainage channel in front of their store. An engineer's estimate of the cost of complete undergrounding the drainage is $351,000. He felt this expense would preclude the development of a shopping center. He presented an architect's rendering of the proposed development indicating the proposed land- scaping and the portion of the parking lot designed to carry excessive run off through a swale area. Gilbert Dreyfus, one of the principal owners of the property, indicated they did not wish to get into a technical discussion at this meeting, but would like to be able to present alternatives which would meet the approval of the staff. They recognize that the staff feels the present proposal needs some revision and their request at this time is that the resolution approving the rezoning which included the guideline to place drainage underground, be waived to permit them to submit alternates for consideration. He indicated Safeway had approved the proposed plan and they would like an opportunity to try to come up with something that would meet staff approval. Member Macevicz reported that he had attended the last two meetings of the Corps of Engineers study of the Telegraph Canyon Creek. The big problem they indicated is the transition from one form of drainage to another. When drainage is converted from an open dirt bottom, or trapezoidal lined channel into a box culvert, there are problems. They have recommended an open channel for all of the area west of Hilltop Drive because it would be too expensive to do anything else. -11- 12/18/72 Acting Director Williams advised it is still the staff's opinion that the requirement for undergrounding the drainage in this area is valid, and a part of the rezoning of the 18 acres to a commercial zone was that a de- velopment of that size could stand the cost whereas a small development could not. He also noted the requirement that a site plan is required for the entire area, along with conditions governing access from Telegraph Canyon Road. He felt that the Director of Public Works should not be asked to assume the burden of having to pick the alternative without returning the plan to the Commission for final review. MSUC (Whitten-Wilson) That the staff be directed to explore other alternatives with the applicant and present a recommendation from the Engineering Division. which they would consider acceptable for further Commission review. Submittal of sign designs - Superior Outdoor Displa~ Inc. Associate Planner Lee displayed pictures of signs including a lighted arrow to serve as a directional guide to the business the sign advertises. The staff feels this is representative of a tack-on sign which this city is trying to avoid. The Commission concurred that this design is not in conformance with the sign ordinance provisions of Chula Vista. MSUC (Chandler-Whitten) The staff is directed to prepare a letter for the Chairman's signature advising Superior Outdoor Display, Inc., that the pro- posed signs would not be in keeping with the architectural standards relating to compatibility as established in our Zoning Ordinance. Director's Report Acting Director Williams asked if the Commission would like to direct the City Council to adopt an emergency ordinance to require SDG&E to get approval from the City for locating additional poles. MSUC (Whitten-Rudolph) Recommend to the City Council the adoption of an emergency ordinance requiring City approval of the location of new power poles. Commission Comments Chairman Rice expressed regrets that Carol Smith, who operates the tape recorder during the meetings, will be leaving the service of the Commission, since she is moving with her husband to accept employment in another city. ADJOURNMENT MSUC (Whitten-Chandler) The meeting adjourned at 9:50 p.m. Respectfully submitted, Helen Mapes Secretary