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HomeMy WebLinkAboutPlanning Comm min 1972/10/02 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA October 2, 1972 The 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: Rice, Macevicz, Chandler, Rudolph, Adams, Whitten, Wilson and ex- officio member Miller. Also present: Acting Director of Planning Williams, Associate Planner Lee, Assistant Director of Public Works Robens and Assistant City Attorney Blick. The pledge of allegiance to the flag was led by Chairman Rice, followed by a moment of silent prayer. Chairman Rice introducted and welcomed David F. Wilson, newly appointed member of the Planning Commission. APPROVAL OF MINUTES MSUC (Macevicz-Chandler) The minutes of the meeting of September 18, 1972 be approved as mailed. ORAL COMMUNICATIONS Mark Allen, 649 South Olive Street, Los Angeles, attorney representing Humble Oil Company, noted that with reference to item 4 on the agenda, request by Humble Oil Company for a conditional use permit to construct a service station at the northwest quadrant of 1-805 and Bonita Road, the only action possible by the Commission would be denial of the request unless they would first con- sider modifying the condition adopted by the City Council which limits the number of service stations at that quadrant to one. Chairman Rice felt that nothing would be gained by opening discussion on this condition since it was a recommendation of the Planning Commission to the City Council; membership on the Commission has not changed, nor have conditions in the area. Mr. Allen then requested that the application for a conditional use permit by Humble Oil Company be withdrawn. MSUC (Macevicz-Chandler) The request of Humble Oil Company for a conditional use permit to construct a service station at the northwest quadrant of 1-805 and Bonita Road be filed. Kathryn Moore, 1134 Tobias Drive, speaking for South Bay Citizens Planning Com- mittee, called attention to an article in the August, 1972 issue of HOUSE & HOME Magazine entitled "Impact Zoning." The article points out that Impact Zoning would replace the arbitrary zoning restrictions with a before-the-fact analysis of the community and assess how the proposed project would affect it, by correlating the four following key determining conditions: -2- 10/2/72 1. The growth rate of the community as it relates to the present popula- tion, the available land and the growth rate of the surrounding region. 2. The communities infrastructure; sewers, water, roads, etc. 3. The economic picture--what the project will cost the community in services vs. what it will return in the form of revenues. 4. Natural determinants of the project impact on the environment and its surrounding areas. Mrs. Moore called attention to a seminar to be held in San Diego at the Sheraton, Harbor Island, on October 26-27, sponsored by McGraw-Hill and Advancement Manage- ment Research International, Inc., on the subject of Impact Zoning. She urged that a representative of the Planning Department and of the Planning Commission attend this seminar. Mrs. Moore also pointed out two other key factors which should be considered in the analysis of the environment in San Diego County: Transportation and how it relates to air pollution; waste water and pollution of the water table and the water in San Diego Bay. Chairman Rice raised a question concerning the Planning Commission meeting regularly scheduled for October 23, 1972, since that is a legal holiday. The Assistant Director of Planning has suggested the Commission may wish to meet on October 30, 1972. MSUC (Rudolph-Whitten) The Planning Commission meeting regularly scheduled for October 23 be cancelled and the Commission meet instead on October 30, 1972. PUBLIC HEARING: a. REZONING - Request for reconsideration of request for change of zone from R-E-20-F to R-I-IO-F for 22 acres at 4370 Sweet water Road - Fairway Down~., Inc. b. PLANNED UNIT DEVELOPMENT - Request for approval of Fairwas Downs c. ~TIONAL USE PERMIT - Request for a~proval of residential development in FlOOd Plain District - Fairway Downs, Inc. Associate Planner Lee advised that this rezonin9 request was initially before the Planning Commission on July 3 of this year. The Commission denied the request and the applicant appealed to the City Council. A development plan was presented to the City Council, and a letter from the Park Division of San Diego County indicated their recommendation that the rezoning application be considered on its own merits without reference to the possible acquisition of the property for park purposes. This matter was then referred back to the Planning Commission for a new public hearing to reconsider the zoning request, the Planned Unit Develop- ment and the conditional use permit required for building in the flood plain area. Mr. Lee pointed out that the adopted General Plan places this area in a low density category of one to three dwelling units to the acre. The present zoning permits two dwelling units to the acre and the applicant's request for -3- 10/2/72 R-l-lO zoning would be in excess of 4 units to the acre. Mr. Lee pointed out that the R-l-15 zone would be in confomance with the General Plan and would permit approximately 3 dwelling units to the acre. The Commission is author- ized to grant up to a 25% bonus under the P.U.D. concept based upon outstand- ing design which would retain open space. With that bonus the applicant could construct a total of 79 dwelling units on the property under the R-l-15 zone. The present proposal by the applicant consists of approximately 94 dwelling units. Commissioner Chandler questioned whether the 25% density bonus could be granted and still be in conformance with the General Plan of one to three units to the acre. Associate Planner Lee pointed out that the land use category designated on the General Plan is for a larger area and the density of various parcels within the area could be averaged to meet the requirements of the General Plan. He noted that the General Plan points out there should be a variety of housing types within a given area. This being the time and place as advertised, the public hearing was opened. Myron K. Dalseth, 114 Guava Avenue, general contractor and a partner in Fairway Downs, introduced Mr. and ~lrs. Charles Provence, owners of the property; Emery Nadesty, to be in charge of engineering and architecture; Howard Toomey, to be in charge of construction; and James Miller, attorney for the project. He also mentioned Joseph Jehl, curator of birds and mammals at the Museum of Natural History, who would be consulted on this project. James E. Miller, 4819 ~hippoorwill Lane, noted their request is for R-l-lO zoning and approval of a site plan or concept map for 93 single family attached dwellings in one and two-story structures. ~e requested that, if necessary, the General Plan be amended, although he felt the density of the general vicinity should be averaged rather than holding each property to a particular density requirement. Emery Nadesty, 530 Catalina Drive, Newport Beach, discussed at considerable length their development plan and its relation to the surrounding area. He pointed out the dwellings would be located in clusters with the area around each cluster graded above the 100 year flood line and creating a rolling terrain in the open space between dwellings. Mr. Nadesty discussed the vehicular access to the dwellings and provision for guest parking and parking for residents. ~r. Nadesty then displayed numerous slides of similar developments in Orange County showing the relationship of the d~ellings to the landscaped open space. James Miller showed additional slides and further discussed the proposed development emphasizing the landscaping of green belt areas, and the utili- zation of shrubs and a variety of trees to afford sonic barriers and inter- esting visual effects. He also discussed the proposed lake and the estab- lishing of native food chains for small animals, migratory and non-migratory water fo~l. -4- 1 O/2/72 Mr. Miller also displayed film of the surrounding area, ranging from large lots on the hillsides to the north, to half-acre lots in Bonita Verde and multi-family housing in the La Bonita Apartments with approximately 22 dwelling units to the acre. He stressed the need for another choice in housing besides the standard single family lot and apartment rentals. He contended the density proposed in their development would not be incompatible with the surrounding area and would provide a needed housing type for Chula Vista residents. He felt landscaping and open space provided by their development would more than justify the added density which they are requesting. Charlie Anderson, 753 Gretchen Road, spoke in favor of this type of development, and commented that it is necessary for him to leave this community in which he raised his family in order to find the kind of condominium living ~le is look- ing for. Kathryn Iqoore, 1134 Tobias Drive, speaking for the South Bay Citizens Planning Committee called attention to the billions of dollars spent by the federal government in the past summer due to construction which took place in flood plains. She expressed opposition to permitting any building in the flood plain and further commented that this area has not been removed from the Sweetwater Regional Park plan and the property should not be developed in any other way than for park use. Joan Dawe, 3550 Yorba Lane in Bonita Verde, opposed the proposed plan of devel- opment due to the increase in traffic which would result on Sweetwater Road with the number of units proposed. Such traffic would not only increase the noise but would result in a safety hazard for children walking along the road to the bus stops. Dick Cordova, 3633 Bonita Verde Drive, called attention to a petition filed with the Planning Commission containing the signatures of 40 residents who are opposed to rezoning to R-l-lO based on the fact that the density would not be compatible with the present conditions in the area. As no one else wished to speak, the public hearing was closed. Member ~hitten indicated he could favorably consider R-l-15 zoning but would not approve a bonus to further increase the density over what is permitted in that zone. Member Adams reported he would favor the R-l-15 zoning with the density bonus for the P.U.D. concept submitted. Member Macevicz felt that past hearings relative to development in the Sweet- water Valley have borne out the desire of the residents to retain low density and limit development to large lots. He felt that approval of R-l-lO zoning would indicate an intent to rezone to the advantage of the developers rather than looking out for the best interests of the people in the valley. Chairman Rice advised that while he is reluctant to consider anything less than half-acre lots in that area, he acknowledged that R-l-15 would conform to the -5- 10/2/72 General Plan and there might be justification for that zone with the right type of development, but he would not favor a bonus to further increase the density. Member Wilson advised he wished to abstain from discussion or voting on any of the issues on this agenda since he is not yet sufficiently familiar with the provisions of the Zoning Ordinance. NSC (Chandler-Macevicz) The request by Fairway Downs, Inc. for change of zone from R-E-20-F to R-I-IO-F for 22 acres at 4370 Sweetwater Road be denied based on the fact that there is no justification for the rezoning and the pro- posed density is incompatible with the surrounding area, and not in accordance with the General Plan. The motion carried by the following vote with Member Wilson not voting: AYES: Members Chandler, Macevicz, Rice, Rudolph and Whitten. NOES: Member Adams. Chairman Rice advised the applicant of his right to appeal this decision to the City Council within 10 days. The Con~ission felt that no action should be taken on the request for approval of the Planned Unit Development or the conditional use permit until the Council has made a decision on the request for the zone change. MSC (Whitten-Macevicz) The public hearing for consideration of the Planned Unit Development and conditional use permit for Fairway Downs, Inc. be continued to the meeting of October 30, 1972. The motion carried by the following vote with Member Wilson not voting: AYES: Members Whitten, Macevicz, Rice, Rudolph and Adams. NOES: Member Chandler. PUBLIC HEARING: VARIANCE - 628 E Street, joint use of parkin9 facilities for ~u'~'per club and office bulldin~ ' Vinnie Albanese Acting Director of Planning Williams indicated the location of the property on the south side of E Street, west of Broadway, on which the applicant is request- ing a variance in order to utilize a common parking lot for two uses; a supper club to be constructed at the front of the lot and an office building to the rear. The parking requirement for each use individually would be 22 spaces for the offices and 34 spaces for the restaurant, or a total of 56 spaces. The ap- plicant proposes to provide 34 spaces for the two uses with one hour, 4:00 p.m. to 5:00 p.m. of joint use. While this request presents an opportunity to con- sider reducing the amount of asphalt devoted to parking, it does place a re- striction on the restaurant as it could not be open for lunch. -6- 10/2/72 Mr. Williams reported that the applicant has not shown a hardship peculiar to this property which would justify granting a variance; therefore, the staff recommends denial. He suggested that if this is a concept which the Commission wishes to pursue, a general regulation should be developed that would permit this throughout the city with given circumstances. He felt that such regulation should not permit joint use when only the minimum amount of parking required by either use is provided, as is proposed in this instance. This being the time and place as advertised, the public hearing was opened. John Nash, 893 Maria Way, explained that the restaurant will be an Italian Supper Club, open from 4:00 p.m. until 2:00 a.m., but they would anticipate little business between the hours of 4:00 and 6:00 p.m. He felt there would be no conflict in the parking needs of the restaurant and the office facilities. He confirmed they would have bar facilities with 20 seats. Ed Rizzo, 71 East Emerson Street, commented that he will be the manager of the bar at Vinnie's Supper Club and that he would anticipate little business be- tween the hours of 4:00 and 6:00 p.m. because of other facilities in the area which cater to that trade. As no one else wished to speak, the public hearing was closed. In discussion the Commission felt the parking proposed would not be adequate to serve both uses, and if double use of parking facilities is to be allowed a study should be conducted to determine the control and regulations needed. MSUC (Rudolph-Whitten - with Member Wilson not voting) The request for a variance to permit joint use of parking facilities by two separate uses at 628 E Street be denied since no hardship was shown to justify the variance. Chairman Rice advised the applicant of the right of appeal within l0 days. Request for approval of Precise Plan for property at northwest quadrant of 1-805 and Bonita Road in C-V-P zone - BOn~ Ltd. Associate Planner Lee reported this plan for development of 2.4 acres is sub- mitted as required by the rezoning ordinance placing the property in the C-V-P zone. The plan indicates two 3-story motel structures and a restaurant at the west end and a service station near the east end of this property. In the staff comments concern was expressed over the access drive near the ser- vice station, but the applicant has, on this date, submitted a revision to the plan which moves the service station back further from the entrance, which would alleviate the anticipated circulation problem. With this revision, the staff recommends approval of the precise plan. Mr. Lee called attention to the conditions recommended by the Director of Public Works relative to grading, driveway approaches, public improvements, storm drain, sewer assess- ments and undergrounding utilities. -7- 10/2/72 MSUC (Macevicz-Chandler) Approval of Precise Plan for development of two RESOLUTION NO. PCM-72-19 and one-half acres located at the northwest quad- rant of 1-805 and Bonita Road as submitted by Bond, Ltd., subject to conditions recommended by the Director of Public Works. Member Wilson did not vote. Council Referral - Report on zone change recommendation for property west of iL805, north of Telegraph Canyon Road L~ C~V to R-3~-?-P and R-1 Acting Director of Planning ~lilliams advised that the Planning Commission recommendation for change of zone for this property from C-V to R-3-T-P and R-t was not approved by the City Council and the matter was referred back to the Commission for reconsideration. The applicant has shown that development under R-1 zoning for the northern edge of the property ~-¢ould be impractical. Mr. Williams pointed out this property cannot be developed to serve the res- idents of the area unless it is rezoned to C-N. The staff suggests that the Commission recommend to the Council approval of R-3-T-P zoning for this property, since it is not easily accessible to traffic from the freeway. Carmen Pasquale, representing Otay Land Company, pointed out that they have an entrance of 300 feet of frontage on Telegraph Canyon Road adjacent to the commercially developed property, so it would not be necessary to have access from Nacion Avenue. He reminded that their original request was for C-N zoning for this property and the Commission had made that recommendation to the City Council, but the Council adopted C-V zoning. They have not been able to develop the property with motels or a restaurant under the visitor commercial zone due to the many postponements in completion of that link of 1-805 freeway. He maintained that their access would be convenient to free- way travelers when the free~.~ay is completed and requested that C-V zoning be retained. James Hutchison of Wilsey and Ham, 1357 Seventh Avenue, San Diego, expanded on the need for a visitor commercial center at this location. He noted that the demand for visitor commercial development is probably a year or more away, but the grading of this property should be coordinated with the grading of the 43 acres adjacent on the west. Mr. Hutchison pointed out the easy visibility of this site by southbound traffic on 805 freeway. He also re- ported that surveys show visitor commercial development generates less traffic to and from the site than multiple family development. He also maintained that this property is too narrow to permit sufficient landscaping to buffer the noise from the freeway for residential development. In discussion the Commission concurred that this property is better suited for residential development than for visitor commercial development. MSUC (Whitten-Rudolph) Recommend to the City Council the approval of change of zone from C-V-P to R-3-T-P based on the findings in the previously adopted resolution. -8- 10/2/72 Request for extension of time on PUD-71-5 and chan~e of zone resolution PCZ-71-O granted to Bonita VieW Terrace - Dalseth COnL struction Co. Acting Director of Planning Williams noted that the zoning of a 10-acre site located on the east side of Otay Lakes Road, north of Bonita Vista Junior High School was changed from R-E to R-I-IO-P in 197t subject to the approval of a precise plan of development. The precise plan was approved in the form of a Planned Unit Development on October 4, 1971. Under the provisions of the Zoning Ordinance, if a Planned Unit Development permit has not been used within one year of approval, the permit becomes null and void as well as any change in zoning which was approved subject to the P.U.D. He noted that a tentative subdivision map, which was approved for this site, will expire on July 25, 1973. Mr. Myron Dalseth is requesting an extension of time on the P.U.D. and the rezoning and since there has been no substantial change in conditions in this area the staff recommends that an extension of time be granted until July 25, 1973. MSUC (Chandler-Macevicz) Planned Unit Development for Bonita View Terrace and zone designation of R-I-IO-P be extended until July 25, 1973. Report on BroadwaS StudS Acting Director of Planning Williams suggested that due to the lateness of the hour and the length of this report, discussion be postponed to a workshop meeting or a regular meeting with a light agenda. He would meanwhile like the Commission's consent to submit this report to the Broadway Association and get some input from them before the Commission makes a recommendation on the study. It was suggested that this study be scheduled for discussion at a workshop within 30 to 60 days and that Broadway Association be requested to submit comments prior to that time. Request for deferral of public improvements - 569 H Street, Jeanne B. Campbell Acting Director of Planning Williams advised that the public improvement to be installed is a concrete alley; however, a 1911 Act Assessment District for alley improvements is in the process of being formed and initiated. The staff concurs with the Division of Engineering recommendation for approval of the deferral subject to the execution of an agreement with the City Council and posting of a bond to guarantee the installation of concrete alley improvement in the event the proposed 1911 Assessment District is not formed. MSUC (Macevicz-Chandler) Approval of the request for deferral of public im- provements in the alley at the rear of 569 H Street in accordance with recom- mendation of the Engineering Division. Commission Comments Member Macevicz asked if the Sports World development is to be brought before the Planning Commission, since the papers indicated the development has the -9- 10/2/72 City's blessing. He was advised the usual application and public hearings before the Planning Commission and City Council would be required before the development can be approved. Member Chandler requested permission to be absent from meetings on October 16, 23 and 30 as he will be on vacation. Member Wilson indicated he would also be absent on October 16, and Member Rudolph reminded that she will be attending the League of California Cities conference in Anaheim on that date. It was determined a quorum of the Commission would still be present to conduct business. MSUC (Rudolph-Whitten) Members Chandler, Wilson and Rudolph be excused from meetings as requested. Member Whitten suggested that a letter or resolution of appreciation be sent to Mr. Warren on behalf of the Planning Commission. Mr. Williams assured that this would be done. Chairman Rice declared the meeting adjourned at 10:00 p.m. Respectfully submitted, Helen Mapes : Secretary