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HomeMy WebLinkAboutPlanning Comm min 1972/07/03 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA July 3, 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: Stewart, Rice, Adams, Chandler, Whitten, and ex-officio member Miller. Absent: (with previous notification) Member Rudolph; (without pre- vious notification) Member Macevicz. Also present: Assistant Director of Planning Williams, Associate Planner Lee, Assistant City Attorney Blick, and Assistant Director of Public Works Robens. The pledge of allegiance to the flag was led by Chairmen Stewart followed by a moment of silent prayer. APPROVAL OF MINUTES Member Adams noted that on page 13 of the minutes of June 19, 1972, the last line of the second paragraph which stated "would result in satisfactory lots and street patterns, "should instead state "unsatisfactory". MSUC (Chandler-Adams) The minutes of the meeting of June 19, 1972 be aproved as corrected. PUBLIC HEARING (Cont.): a. REZONING - 4370 Sweetwater Road - R-E-20-F to R-l-lO-F b. PLANNED UNIT DEVELOPMENT - Request for approval of Fairway Downs c. CONDITIONAL USE PERMIT - Request for approval of residential devel2pment in Flood Pla}h District - Fairway Downs, Inc. Associate Planner Lee reminded the Commission this hearing for consideration of rezoning of 22 acres located on the south side of Sweetwater Road, adjacent to Bonita Verde subdivision, has previously been continued for 60 days to give the County an opportunity to negotiate an option to purchase t~e property as part of the Sweetwater Regional Park. He reported that a letter was received on this date from the Director of the Real Property Division of the County indicating that they had been directed by the Board of Supervisors to proceed with acquisi- tion of this portion of the Regional Park in connection with Phase II of the development. The letter indicated it is their opinion the rezoning of this property should be denied on that basis. Mr. Lee pointed out the basic issue is still one of rezoning, and if the property is not rezoned to R-l-lO as requested by the applicant, the Planned Unit Develop- ment and conditional use permit cannot be considered. He further commented that it is the opinion of the staff that the applicant has failed to show justification for rezoning the property from R-E-20. The staff feels the proposed zoning would allow a density of development that would be incompatible with adjacent development and would not be in conformance with the General Plan which stipulates -2- 7/3/72 a density of one to three units peracre for the Bonita area. The staff therefore recommends that the zOn~ change be denied and the Planned Unit Development and conditional use permit applications be filed. Chairman Stewart declared the public hearing reopened. Roscoe Keagy, Attorney, 304 Kalmia, San Diego, representing the applicant, suggested that this hearing be continued for an additional 30 days to give the County time to complete their appraisals and advise whether they fully intend to acquire the property. Ed Lytle, of the County Park Development Division, after being called by the Chairman requested that they hear instead from Mr. Carl Pippin of the Real Property Division who is conducting the actual acquisition of property for the park. Mr. Pippin reported that they are in the process of seeking options frum property owners in Phase II of the park development. This includes the property which belongs to Mr. Provence. Mr. Provence has advised Mr. Pippin he is in a position with Mr. Miller where he cannot negotiate with the County at this time. It is for that reason the County is asking for denial of the rezoning so they can begin negotiations with Mr. Provence. Roscoe Keagy, attorney, reported that as a group they are willing to negotiate with the County. He felt Mr. Pippin's request for denial of the rezoning would place them in an imcompatible position for bargaining. As no one else wished to speak the public hearing was closed. In discussion the Commission expressed the feeling that nothing could be gained by a further continuance of the hearing and also that no justification has been presented for rezoning the property to higher density residential use regardless of the outcome of negotiations between the County and the property owner. MSUC (Chandler-Whitten) The application for rezoning of 22 acres located at 4370 Sweetwater Road from R-E-20-F to R-I-IO-F be denied based on the finding that the proposed zoning would allow a density that would be incompatible with the adjacent development and would not be in conformance with the General Plan. MSUC (Whitten-Chandler) The application for Planned Unit Development of Fairway Downs and conditional use permit for residential development in the Flood Plain District be filed. PUBLIC HEARING (Cont.): a. CONDITIONAL USE PERMIT - NW quadrant of 1-805 and Bonita Road - Construction in Flood Plain District and location of service station in C-V zone - Bond, Ltd. -3- 7/3/72 b. Consideration of precise plan for development of property at NW quadrant of 1-805 and Bonita Road Associate Planner Lee reminded the Commission of the recent recommendation for change of zone of the property to C-V-P, which is now under consideration by the City Council. He also displayed a rendering of the development proposed by the applicant some time ago which includes a restaurant, motel and service station. A conditional use permit is required for the location of a service station in any zone and for any construction in the Flood Plain District. Although an acceptable precise Plan has not been submitted, the staff feels that the location of one service station on the north side of Bonita Road at this freeway interchange should be approved. Chairman Stewart declared the public hearing reopened. Lyn Myers, 3772 Riviera Drive, representing Mr. Burford, raised a question concerning the proposed curb cuts and the exchange of easements with the Humble Oil Co. on their adjacent property, and how these curb cuts would serve both properties. He requested approval of their conditional use permit even though an acceptable Precise Plan has not been submitted. John Tatum, Humble oil and Refining Company, Real Estate Supervisor, 500 South Main Street, Orange, pointed out they had purchased the property adjacent to the offramp of the freeway from Mr. Burford's associates in 1967 for the purpose of constructing a service station, and have awaited the opening of the freeway in 1974 before constructing a station as they feel a service station opened before that time would be a marginal operation. He indicated that Humble would take whatever means necessary to protect its right to develop the property. Mr. Tatum further reported that the only contact their firm has had with Mr. Burford was a phone call requesting that they sell out to him, or he would sell his property to them. As no one else wished to speak the public hearing was closed. In discussion, Commissioners expressed the opinion that one service station, but only one, should be permitted at the northwest quadrant of 1-805 and Bonita Road, and favored approving a conditional use permit with conditions to assure suitable development of the entire property. MSUC (Whitten-Adams) Approval of a conditional use permit for Bond, Ltd. RESOLUTION No. PCC 72-14 to allow construction in the Flood Plain District and location of a service station on property at the northwest quadrant of 1-805 and Bonita Road, subject to the following conditions: l) The building shall be constructed one foot above the 100 year flood level. 2) No building permit shall be issued until approval of a Precise Plan for the entire 2½ acres. 3) The orientation of the pump islands towards Bonita Road shall not be allowed unless acceptable access is approved on the Precise Plan. -4- 7/3/72 (4) The access drive opposite Bonita Glen Drive shall have an alley type approach. (5) The applicant shall grant an easement across his property in accordance with the Precise Plan guidelines. The applicant shall also notify the adjacent owner of this easement and describe its loca- tion on the property. (6) Sign approval will be considered with the Precise Plan only; emphasis shall be placed on coordination of signs for the entire site relating to size, color, type and trim. Findings are as follows: a. That the proposed use et the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The property is located adjacent to a major freeway interchange and entrance into the City and the proposed uses will offer needed services for motorists entering the City. b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The development is separated from residential uses by a freeway, major road and a church and will not be detrimental to the adjacent areas or uses. Providing the required one foot fill above the 100 year flood line will render the site safe for occupancy. c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. The conditions of approval will insure the applicant will comply with all regulations and conditions of the Code. d. That the granting of this conditional use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental agency. The proposed uses are in compliance with the General Plan which designates this areas for visitor oriented use. PUBLIC HEARING: CONDITIONAL USE PERMIT - 685 H Street -Request to operate service station - World Oil Company Associate Planner Lee indicated the location at the northwest corner of H Street and Oaklawn and the surrounding uses and zoning. He pointed out there is an existing service station on this site which could continue to operate without a conditional use permit and not be subject abatement. The applicant has requested a building permit for remodeling and upgrading the station, including self service pumps. A building permit cannot be issued without approval of a conditional use permit. Mr. Lee pointed out that the traffic circulation would be an improvement over the present operation, and with conditions for a wall, landscaping and sign control, the site would definitely be upgraded. -5- 7/3/72 This being the time and place as advertised, the public hearing was opened. Patrick Des Jardins with World Oil Company, reported that they acquired this property from Hancock and found the station is not up to their standard, and they wish to remodel it to the best of their ability. If the request is permitted they will do the best they can to comply With all of the conditions recommended by the Planning staff. As no one else wished to speak the public hearing was closed. The commission agreed there is an over abundance of service stations in the area but felt it would be preferable to approve the conditional use permit, thus allowing the site to be improved, rather than to exist as it currently does. MSC (Adams-Rice) Approval of a conditional use permit for the operation RESOLUTION PCC-72-23 of a service station at 685 H Street, subject to the following conditions: (1) A minimum 6 ft. high solid masonry zoning wall shall be installed along the northerly property line except that the wall shall be reduced to 3½ ft. in height in the easterly 5 feet of the northerly property line so as to eliminate any sight obstructions. (2) An enclosed trash storage area shall be required, subject to staff approval of the location, size, and materials. (3) A landscaping plan for the entire property shall be submitted for review and approval by the City's Landscape Planner. (4) Additional landscaping shall be required along H Street subject to staff approval. (5) All existing paved areas on the site shall be brought up to current paving standards. (6) All signs shall be submitted for staff approval prior to installation. (7) All signs shall be brought into conformance with the Ordinance, including a 35 ft. height limitation to be used for any freestanding sign on H Street, to bring said sign into conformance with previously approved signs in that area. Findings are as follows: a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The upgrading of the existing service station will be desirable and contribute to the improvement of the general well being of the neighborhood. b. That such use will not, under the circumstances of the particular case, be -6- 7/3/72 detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The proposed use will not be detrimental to the health, safety, and general welfare of persons or property in the area as long as Code requirements are followed. c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. All regulations and conditions specified in the Code will be complied with. d. That the granting of this conditional use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental agency. The General Plan will not be affected. The motion carried by the following vote: AYES: Members Adams, Rice, Stewart, Chandler NOES: Member Whitten ABSENT: Members Rudolph and Macevicz PUBLIC HEARINGS: VARIANCES - a. 656 Second Avenue - Request to create lot without required street frontage - Vir~ie Arrasmith b. 660 Second Avenue - Request to create lot without ~equired street frontage - Robert Gilli~ Associate Planner Lee indicated on a plat the location of the lots under consideration located on the west side of Second Avenue between I and J Streets. It was recommended that the two requests be discussed at the same time but separate action taken on each application. Mr. Lee pointed out that the lot at 656 Second Avenue is 53½ ft. X 291 ft., while the one at 660 Second Avenue is 106 ft. X 291 ft. He reminded the Commission that in 1971 a similar request for a lot at the rear of 644 Second Avenue to be served by an easement was approved; also that following denial for two earlier requests for lot splits at 661 and 681 Del Mar Avenue, a rezoning request was initiated to rezone the properties on Del Mar Avenue to R-l-15 to prevent any future splits adjacent to Del Mar. The properties on Second Avenue were not rezoned due to objec- tions from owners on that street. Mr. Lee then displayed a plat showing the possibility of locating a dedicated street between Del Mar and Second Avenue to serve the rear portion of all lots in the block with an access street from Second Avenue. It was suggested that the access street be located half on Mr. Gillig's property and half on the adjacent lot to the south. Mr. Lee then discussed the detailed plot plans of the two lots under consideration noting the location of the proposed easements in relation to existing buildings. He reported that the staff recommends denial of the request for 656 Second Avenue since the property does not have sufficient street frontage to allow an access easement and still maintain good usable lot area and frontage, also the rear portion of the property would be better served by a dedicated public street located along the westerly property line. The staff recommends denial of the request for 660 Second Avenue based on the finding that the applicant would be able to divide his property by deeding and dedicating the southerly and ~.~esterly 25~ feet to the City for street purposes, -7- 7/3/72 and development of the property without a street would virtually eliminate any possibility of providing a street to serve the rear portions of other properties in the area. This being the time and place as advertised, the public hearing was opened. Robert Gillig, 660 Second Avenue,objected to the proposal that he dedicate 25½ feet at his south property line for an access street since this would require removal or relocation of a building which he recently constructed at a cost of $5,000. The location of the building, which was constructed as a recreation room for installation of model railroads, leaves a 17 feet wide area to the south which he has proposed to use for an access easement to the rear of the property. MR. Gillig expressed his willingness to dedicate 25 feet at the rear of his lot for a street if another access from Second Street could be provided. Delbert Arrasmith indicated his wife is the owner of the property at 656 Second Avenue. They have recently constructed a house on that property and have a buyer however the lending institutuion would not make a loan until the lot split is approved. He indicated he has no plans at the present for improving the rear lot but felt the 15 ft. driveway which serves the house at the front could also serve as an easement to the rear lot. Elsa O'Neill, 682 Second Avenue, advised that their lot is located at the end of the proposed cul de sac at the rear of the properties but they would not be interested in having a street at the rear of their property. She also questioned the intended use of the new building constructed on the rear portion of Arrasmith's property. Mrs. O'Neill indicated that dedication of street right of way at the rear of the property would necessitate removal of bachelor's quarters which they have erected on the rear part of their property. She would object to the require- ment of such dedication. Frank D. O'Neill, 682 Second Avenue, reiterated his wife's statement that they do not want a street at the rear of the property. He reported his lot is one acre and he wishes it to remain just the way it is. As no one else wished to speak the public hearing was closed. In discussion, the Commissionexpressed the opinion that both requests should be denied. Associate Planner Lee reminded the Commission that the basis for the recommendation of denial of Mr. Gillig's request was that the property could be better served by a dedicated street. Since it appears there is no particular interest in providing a street he suggested that the Commission may wish to give further consideration to Iqr. Gillig's request inasmuch as his property is large enough to provide the 17 ft. easement and create two lots in excess of the required minimum lot size. The staff would still recommend denial of the Arrasmith's request since that lot is only 53 feet wide. Member Rice expressed theopinion that if either of these requests are approved all of the other property owners on Second Avenue will eventually make the same reguest. He felt this would not be a desirable method of improvement and that all lot split requests should be denied if frontage on a dedicated street is not available. -8- 7/3/72 Mr. Lee noted that the previous lot split approved for 644 Second Avenue was one of the wider lots and there are relatively few remaining lots in excess of 75 feet wide. MSUC (Whitten-Chandler) Request for variance to create a lot without required street frontage at 656 Second Avenue be denied based on the finding that the property does nothave sufficient street frontage to allow an access easement and still maintain a usable lot area and frontage as required by City Ordinance. MSC (Whitten-Chandler) Request for variance to create a lot without required street frontage at 660 Second Avenue be denied since there are no unuaual cir- cumstances related to this lot which do not apply to other properties in the vicinity and the rear of the property should be developed only if a dedicated street can be provided. The motion carried by the following vote: AYES: Members Whitten, Chandler, Rice and Adams NOES: Member Stewart ABSENT: Members Rudolph and Hacevicz Chairman Stewart advised the applicants of their right of appeal to the City Council within ten days. SUBDIVISION: Request for approval of tentative map - Continental Apartments Associate Planner Lee indicated the location of the property on the east side of Fourth Avenue, north of H Street, for which a request has been received for approval of a tentative subdivision map to convert an existing apartment complex to a condominium. The property is developed with 20 units on 28,000 sq. ft.; the zoning is R-3. State law requires that a subdivision map be filed to create a condominium project. Mr. Lee further advised that the City Attorney has ruled that if the project is in conformance with the Subdivision Map Act and local ordinances, there is no basis for denial of a tentative subdiviaion map. Mr. Lee called attention to the existing utility lines which serve this property from across Fourth Avenue. He pointed out this area is near the H Street under- grounding district and the present schedule calls for the undergrounding of utilities on Fourth Avenue ~n 1976-77. The Engineering Division is requesting the undergrounding of utilities for this property at this time since this is a condition written into the Subdivision Ordinance, any variation from this would require a request for waiver by the applicant. He felt the applicant should determine how these utility lines could be undergrounded and if it is not feasible he should request a waiver from the City Council. · - Mr. Lee noted the conditions recommended in granting approval of this request. Rovert R. Kressin, Treasurer of Nu Food Products Corportation, which is the developer of this project, asked if this is the time and place to discuss a -9- 7/3/72 waiver from undergrounding the utilities. He was advised that application should be made to the City Council after the tentative map is approved. MSUC (Rice-Adams) Recommend to the City Council the approval of the tentative map for Continental Apartments Subdivision, subject to the following conditions: 1. The applicant shall file a copy of the deed restrictions with the Planning Department; they shall prohibit the conversion of any parking stall to any other use. 2. All utilities shall be placed underground. 3. One standard street light (20,000 lumens) shall be installed at a location between the existing driveways. Request for extension of time on conditional use permit for convalescent hospital at 65-81 Third Avenue - R. H. Woodward Associate Planner Lee noted the location of theproperty on the east side of Third Avenue, just north of D Street, presently zoned R-3-G, with adjacent zoning on three sides R-1. He advised that this request for a convalescent hospital was approved in 1967 and has been extended with each request since that time. The applicant is requesting another one year extension but it is the opinion of the staff that the applicant has had sufficient to construct this facility and a further extension should be denied. The applicant was not present. MSUC (Whitten-Adams) The request for an extension of time on a conditional use permit for convalescent hospital at 65-81 Third Avenue be denied. Council Referral - Consideration of amendment to Zoning Ordinance concerning political signs. Associate Planner Lee reported that the City Council had recently expressed concern over the display of political signs and had directed the staff to investigate the possibility of controlling this, prepare a report and make recommendations. A proposed amendment has been prepared a~it is requested that the Commission set it for public hearing on July 24, 1972. MSUC (Rice-Chandler) A public hearing be set for July 24, 1972 to consider a proposed amendment to the provisions of the Zoning Ordinance pertaining to the control of political signs. Commission Comments Ex-officio Member Miller expressed the appreciation of the Environmental Control Commission for the stand taken by the Planning Commission on the Sedway/Cooke proposal for land use in the bayfront area. Chairman Stewart called attention to the League of California Cities annual -10- 7/3/72 conference to be held in October of this year in Anaheim, and also to a workshop meeting to be conducted in San Diego on Friday, July 14. It was suggested that any Commissioners desiring to attend should notify the staff so reservations could be made. ADJOURMENT MSUC (Whitten-Chandler) The meeting be adjourned at 8:50 p.m. to the meetings of July 17 and July 24, 1972. Respectfully submitted, Helen Mapes