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HomeMy WebLinkAboutPlanning Comm min 1972/06/05 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA June 5~ 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, Chandler, Macevicz, Rudolph, Whitten and ex-officio member Miller. Absent (due to illness and with previous notification): Member Adams. Also present: Director of Planning Warren, Senior Planner Williams, Associate Planner Lee, Assistant City Attorney Blick and Assistant Director of Public Works Robens. APPROVAL OF MINUTES MSUC (Chandler-Rudolph) Minutes of the meeting of May 22, 1972 be approved as mailed. ORAL COMMUNICATIONS Kathryn Moore, 1134 Tobias, called attention to an all day public meeting on Regional Planning and Decision Making to be held at the State Office Building in San Diego, July t, 1972. Reques~t for Home Occupation License - 873 Ash Ave., machine shop - M. Shlachetka Associate Planner Lee discussed a request for approval of a home occupation license to use a garage for a one-man shop. He noted that the applicant has used a metal cutting lathe, a drill press, a power hacksaw and a pedestal grinder in his garage since 1958 for hobby purposes. He recently purchased a small milling machine and desires to work full time as a subcontractor producing small machine parts. The Fire Marshal has inspected the premises and advises the operation would cause no fire hazard as long as flammable metals were not used. Mr. Lee reported that even though the work is to be done in the garage, there is still adequate space to accommodate one car within the garage, and also that operation of the equipment does not result in excessive noise. Mr. Lee further noted that no protest from neighboring residents has been received and one letter has been received favoring approval of the request. Mike Shlachetka was called upon to further discuss the proposed machine shop work. He affirmed there would be no added traffic, no parking requirement and no other employees involved in this work. He is presently unemployed and is starting this work as a form of self-employment. He enumerated the equipment that would be used and the horsepower of each power motor. Member Whitten suggested that if approved this should be limited to a one-man operation. Chairman Stewart felt approval should also limit the operation to the presently installed equipment. Member Rudolph expressed concern over permitting a machine shop operation in a residential neighborhood due to the noise and possible danger to children who might play around the tools. -2- 6/5/72 Donald Hatz, 868 Ash, spoke in favor of permitting this operation, noting that he would rather see the man earn a living in this manner than go on unemployment insurance or welfare. J. A. Berry, 885 Ash, commented that he has children and he felt this work would not present any problems of their safety nor would the noise be excessive. Kenneth Smithey, 879 Ash, reported that the applicant's garage faces his house and he is not bothered by any noise from the tools. MSUC (Chandler-Whitten) Approval of a home occupation license for machine shop operation at 873 Ash Avenue subject to the following conditions: 1. All work shall be done between the hours of 8:00 a.m. and 8:00 p.m. 2. Sufficient area shall be retained in the garage to park one vehicle. 3. There shall be no milling or use of combustible material of any type. 4. Operation of the machine shop shall be limited to one man. 5. Equipment to be used shall be limited to that presently installed on June 5, 1972, i.e., a metal cutting lathe, a drill press, a power hacksaw, a pedestal grinder and a small milling machine. 6. Operation of the machine shop shall be subject to annual review by the Planning Department personnel. Request for extension of variance for use of trailers as offices - Rohr Industries, Inc. Director of Planning Warren reminded the Commission this item was continued from the May 15 meeting at the request of the applicant so they might present additional information. Since nothing has been received prior to this time the staff recommendation would remain to grant a one year extension only, rather than two years as requested. Tom Montgomery, Corporate Facilities Planner for Rohr Industries, spoke of their need for the continued use of trailers as offices in their industrial complex here for another two years due to their efforts to consolidate their operations here. He advised that in the lass two years they have tried dili- gently to eliminate the need for these trailers and have to date released 22 of the trailers formerly used. He reported they have not planned to build a new office complex in the coming fiscal year, which runs from August 1 through July 31. They are, therefore, requesting a 2 year extension of this use since a one year extension would expire before the end of the next fiscal year. The trailers still in use comprise one complex of 18 units and one single trailer being used in the boat yard which will be removed when that contract is completed. Member Whitten suggested granting a one year extension subject to review at that time to determine the need for an additional extension. Members Rice and Chandler abstained from discussion or voting on this item. -3- 6/5/72 MSC (Whitten-Macevicz) Variance No. 66~14 for use of trailers as offices at Rohr Industries be extended for one year subject to review at that time and possible extension of a second year. The motion carried by the following vote: AYES: Members Whitten, Macevicz, Stewart, and Rudolph NOES: None ABSTAIN: Members Rice and Chandler ABSENT: Member Adams Request for extension of conditional use permit and variance for First Southern Baptist Church, 335 Church Avenue Director of Planning Warren noted that the pastor of the church has advised they have secured financing for this project but have not as yet entered into a contract for demolition or construction work and are therefore requesting a six month extension in which to get this work started. The staff recommends approval of the request. MSUC (Rice-Macevicz) Conditional use permit PCC-71-14 and Variance PCV-71-15 on property at the southeast corner of Center Street and Church Avenue and at 348-350 Church Avenue be extended for a six month period. PUBLIC HEARING (Cont.): a. REZONING - 4370 Sweetwater Road - R-E-20-F to R-I-IO-F b. PLANNED UNIT DEVELOPMENT - Request for approval of Fairway Downs c. CONDITIONAL USE PERMIT - Request for approval of residential development in Flood Plain District - Fairway Downs, Inc. Director of Planning Warren recalled that these hearings were continued for approximately 30 days previously to give the County an opportunity to make a decision concerning the purchase of the property as a portion of the Sweetwater Regional Park. Since the Board of Supervisors has agreed to negotiate with the owners of this property for a 2 year option to purchase, any further consideration of this matter by the Planning Commission would be inappropriate at this time. It is recommended that the hearings be continued to the meeting of July 3, 1972. Mr. Dalseth, representative of the applicant, was present and expressed agreement with the proposed continuation. MSUC (Chandler-Macevicz) The public hearing to consider Rezoning, Planned Unit Development and Conditional Use Permit application submitted by Fairway Downs, Inc. be continued to the meeting of July 3, 1972. .4- 6/5/72 PUBLIC HEARING (COnt,): PREZONING - Approximately 40 acres at east end of J Street, A-l,8 to R~I , Shatt~ck construCtion Co. Director of Planning Warren indicated the location of the 40 acres which is the subject of a request for annexation, prezoning to R-1 and a subdivision map. The hearing was continued from the meeting of May 15 in order that the staff might resolve several problems that related particularly to the general develop- ment plan of E1 Rancho del Rey and the area in general. These included: 1. The need for a school site to serve this general area and a more precise location. 2. The need and location for a neighborhood park. 3. The alignment of East J Street through the property. 4. The effect of the San Diego pipeline right of way across the property. Most of these questions have been substantially answered. At one time the school district had ne§otiated for a site on this property but have since concluded they do not wish to locate on this site, and they are looking for a site to the south and east and have stated for the record that they have no interest in this site. The alignment of East J STreet has been pretty well resolved. It was determined this street alignment can lie on top of the pipeline easement. Mr. Warren commented there is a broader question concerning development in this area inasmuch as the City Council referred to the staff the review and reanalysis of the proposed plan for development of E1 Rancho del Rey. It is hoped a recom- mendation in this regard will be completed by August. This will include the overall density of the development and questions of whether or not the proposed street network would be adequate to accommodate the density. The staff is also considering Hillside Development Standards which would limit grading to retain the natural topography, and the effect this would have on the development. Mr. Warren then discussed the topography of the area which includes a canyon at the northeast corner of the property, and another canyon at the southern edge, which leads into the major Telegraph Canyon. He noted that some grading would be necessary to meet the existing grades of J Street and Crest Drive. He further noted that since the adoption of new legislation in February of this year it would not be possible to apply R-1 zoning to the entire property until the General Plan has been modified to delete the location of the school site. He recommended that the Commission initiate a public hearing to consider the necessary amendment to the General Plan. Chairman Stewart declared the continued public hearing reopened. J. R. Shattuck discussed the proposed street grades, noting that with the exception of three short sections at 8% grade, the remainder would be 1 to 2% grade which would result in small difference in elevation of adjoining lots. James W. Craig, 2611 Adams Avenue, San Diego, engineer for the development, further discussed grades, elevations and proposed lot sizes. Dr. Charles Bowers, 833 Lori Lane, questioned the effect the R-1 prezoning would have in terms of the proposed subdivision map. -5- 6/5/72 Chairman Stewart advised that R-1 prezoning would permit development at a certain density, but the subdivision map would have to be reviewed by the staff and Commission to determine if it met development standards of city ordinances. The Commission discussed at some length various zoning categories which might be applied, and the relation of this property to the existing single family homes to the west due to the connecting streets, and their desire to limit density on property with rough topography. It was felt the proper zone for this property could not be determined before completion of the revised plan for E1 Rancho del Rey and possible adoption of a Hillside Development Ordinance. MSUC (Whitten-Rice) The request for prezoning to R-1 of approximately 40 acres located at the east end of J Street be denied. Chairman Rip, advised the applicant of his right to appeal this decision to the City Council within 10 days. MSUC (Rice-Macevicz) A public hearing be set for June 26, 1972, to consider an amendment to the General Plan to delete school and park site and establish residential land use. PUBLIC HEARING: REZONING - West side of Broadway, 500 block - R-3 and C~T to C-T-P - Chula Vista Square, Frank M. Goldberg & Mitchell Angus Associate Planner Lee indicated on a plat the vacant 3.97 acre parcel located on the west side of the 500 block of Broadway for which the applicant has requested rezoning from R-3 and C-T to C-T-P. He also pointed out two adjacent parcels which the staff included for consideration in conjunction with this request; these parcels include one developed with a bank at the northeast corner of the applicant's property and a parcel developed with an 8-unit apartment at the northwest corner on Madison Avenue in the R-3 zone. This makes the total acreage involved a little over 4½ acres. He noted that Madison Avenue was originally intended to extend through this property, but presently deadends on both sides of the property. It is proposed that the south segment of Madison Avenue end in a cul de sac to prohibit vehicular access to this property, but that access be provided from the north segment of Madison Avenue. Mr. Lee displayed a detailed plot for development of the property which includes a retail building near the south property line, a one story structure proposed for office use at the west end of the property, and a smaller retail building toward the north side of the property. An expansion of the drive through facilities of the bank is also proposed. Mr. Lee noted that an easement for an existing sewer line across the property will be required. He also reviewed the conditions recommended for approval of the Precise Plan. This being the time and place as advertised the public hearing was opened. -6. 615172 Mitchell Angus, 708 Kettner Blvd,, San Diego, discussed the problem of traffic flow, particularly as it relates to the drive through facility and the entrance and exit on Broadway. He felt that with the parking and circulation pattern proposed any back up of cars will be on the interior of the property rather than on Broadway. Lloyd Wulk, 547 Jefferson, spoke of the drainage problem on Jefferson, noting that the existing 36" drain pipe sometimes becomes overloaded. As no one else wished to speak, the public hearing was closed. The Commission discussed the development plans, and particularly, the parking and circulation within the lot. They expressed preference for the plan utilizing angle parking. MSUC (Macevicz-Chandler) Recommend to the City Council the change of zone from RESOLUTION PCZ-72-L C-T and R-3 to C-T-P for 4.69 acres located on the west side of Broadway, south of H Street, and approval of the Precise Plan, subject to the following conditions: 1. The entrance from Madison Avenue be clearly marked to identify the shopping center, to enable motorists to determine they are entering private property. 2. A 6' high wooden fence be erected on the property line between the apart- ments to the north. 3. The height of the masonry wall on the south and west property lines be coordinated with the adjacent owners to determine the actual height. The height of the wall shall be relatively constant, with the differences in height to be based on topography. 4. A pedestrian access be provided from the south segment of Madison Avenue. 5. The south segment of Madison Avenue be cul-de-sac'd in accordance with Engineering Division recommendations. 6. Future building shall maintain a 15' setback on Broadway. 7. The applicant shall pursue, with the adjacent owner to the north, installation of alley type returns for the driveway north of the bank building and the driveway on Madison Avenue at the 40' easement. 8. The property shall be landscaped in accordance with the Landscaping Manual of Chula Vista. 9. The existing utility lines on the property coinciding with the extension of Madison shall be undergrounded. 10. A coordinated sign program shall be submitted at the time of application for a building permit. 11. The zoning walls and fences, the cul-de-sac on Madison Avenue, and the undergrounding of the utilities on the property shall all be accomplished during the first phase of development. -7- 6/5/72 12. Redevelopment of the existing apartment building on Madison Avenue, for commercial purposes, will require the submission of a precise plan for Planning Commission approval. 13. A sewer easement shall be granted to the City of Chula Vista in accordance with the accepted standards of the Department of Public Works. Director of Planning Warren suggested that since concern was expressed regarding the ingress and egress on Broadway, the Commission may wish to refer this to the Safety Commission for their recommendation. MSUC (Rice-Chandler) The Precise Plan as it relates to traffic circulation be referred to the Safety Commission. PUBLIC HEARING: CONDITIONAL USE PERMIT - Southwest corner of Central Avenue and Sweetwater Road - Construction of 3 single family dwellings in ~]ood Plain Districts R-E-D-F zone - Caldwell & Keyes Associate Planner Lee noted the location of the property which lies within the 50 year Flood Plain area and also within the area under consideration for the Sweetwater Regional Park. He noted that the detailed plan shows the division of the property into three parcels for development as single family lots. This would be in conflict with the Chula Vista General Plan which designates the property for park and public open space. Inasmuch as the County has started - negotiations for the acquisition of the property, the staff recommends denial of the request. This being the time and place as advertised, the public hearing was opened. Robert Zinser, 3396 Bonita Woods Drive, reported that he is the owner of the property and has not been approached by the County with reference to acquisition of the property for inclusion in the park. He pointed out that when the property was annexed to the City of Chula Vista in 1965 it was agreed that it would be zoned and could be utilized in the manner now proposed. Over the past four years each attempt to utilize the property has been unsuccessful. City Attorney Blick advised that the City is bound by law not to approve a plan when the County has indicated their intention to acquire the property for park land. Director of Planning Warren commented that he would ask the County to contact Mr. Zinser as soon as possible with reference to negotiations for acquisition of his property. Robert Keyes, 240 Woodlawn, Chula Vista, spoke in reference to an application approved by the County Planning Commission for a golf course to be located within the regional park area. It was pointed out that this was incorporated as a part of the park plan. -8- 6/5/72 -- MSUC (Whitten-Rudolph) The application for a conditional use permit for construction of 3 single family dwellings in the Flood Plain District at the southwest corner of Central Avenue and Sweetwater Road be denied due to the fact that the County is negotiating an option to purchase the property and the fact that it would be in conflict with the Chula Vista General Plan. The applicant was advised of the right of appeal of this decision to the City Council within ten days. PUBLIC HEARING: CONDITIONAL USE PERMIT - 71 North Fourth Ave. - Request for temporary use of office trailer, C-C-F zone - Pacific Telephone and Telegraph Company Associate Planner Lee indicated the location of the property and of the proposed trailer site, noting that the property is located in the Flood Plain District which restricts construction. He further noted that the proposed use will be for an interim period and the Commission has previously approved similar requests by other public and quasi-public agencies for the temporary use of trailers. This being the time and place as advertised, the public hearing was opened. Charles Horn, representative of Pacific Telephone Company, commented that he had nothing further to add, and expressed agreement with the proposed conditions. As no one else wished to speak, the public hearing was closed. MSUC (Chandler-Macevicz) Approval of a conditional use permit for the temporary RESOLUTION NO. PCC-72-22 use of an office type trailer at 71 North Fourth Avenue, subject to the following conditions: 1. The trailer shall be removed within one year or upon the completion of the new Plant Operating Center, whichever comes first. 2. The trailer shall be firmly anchored to prevent it from floating away in the event of flood. 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 trailer is needed to accommodate additional personnel required because of the increased demand for telephone service in this area. 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 proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as long as the required conditions are complied with. -9- 6/5/72 c. That the proposed use will comply with the regulations and conditions specified in the Code for such use. The proposed use will comply with all applicable regulations and conditions in 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 govern- mental agency. The General Plan will not be affected. PUBLIC HEARING: a. CONDITIONAL USE PERMIT - Northwest quadrant of 1-805 and Bonita Road - Construction in Flood Plain District and location of service station in C-V zone - Bond, Ltd. b. Consideration of precise plan for development of property at northwest quadrant of 1-805 and Bonita Road - Bond, Ltd. Associate Planner Lee reported that the applicant has advised they have not reached an agreement with the owner of the adjacent property with regard to joint access and are therefore requesting a continuance of this hearing to the meeting of June 19. MSUC (Rice-Macevicz) The public hearing for consideration of a conditional use permit and precise plan for development of property at the northwest quadrant of 1-805 and Bonita Road be continued to the meeting of June 19, 1972. Request for waiver of requirement for underground utility lines - Community Hospital Director of Planning Warren noted that this request is for the purpose of supplying 480 volt. 3-phase power to the existing x-ray department of the hospital on a temporary basis until the new facility is constructed. It was noted that the adjacent residential lots are presently served with overhead service. It is recommended that approval be granted for a three year period and that any added poles or lines be removed when the hospital leaves this site. MSUC (Rice-Rudolph) Request for waiver of the requirement for underground utility service for Community Hospital be approved for a period of three years or to the completion of the new hospital. Request for substitition of nonconforming use at 282 G Street - J. P. Dordahl Director of Planning Warren reported the receipt of a letter from J. P. Dordahl requesting permission to use space at 282 G Street as office space for Nixon Headquarters, South Bay, noting that a similar use was authorized for this property in the past and this would be a substitution in nonconforming use. As this would be for an interim period the staff recommends approval. MSUC (Chandler-Whitten) Approval of request to use space at 282 G Street as office space for Nixon Headquarters, South Bay. -10- 6/5/72 Request from AVCO for determination of allowable construction in patio areas Associate Planner Lee noted that the approval of certain planned unit developments involving attached or clustered dwelling units have required the provision of private open space or patio areas. Requests are now being received for approval of patio roofs and other types of structures in these private open area. The staff is concerned that: (1) these areas should continue to function as private open areas with adequate light and air for the dwelling units; (2) architectural compatibility of the structure with the main building; (3) adequate separation for fire protection purposes and access for emergency equipment. Mr. Lee reviewed the requirements and concern of the Building Department and Fire Department. He then reviewed recommendations pertaining to open sun screens, solid patio covers or solid shade structures, and room additions. The recommended provisions were discussed by the Commission. MSUC (Macevicz-Whitten) The following standards shall apply to encroachments in RESOLUTION PCM-72-8 private open areas or patios in the Windsor Heights, Brandywine I and II, Rancho Rios, Bonita View Terrace and E1 Rancho del Rey Unit 2 Planned Unit Developments: 1. Open sun screens may cover any portion of these private open areas provided they conform to the following: a. The screening shall consist of wooden material stained to match trim used on the main structure. b. The screening material shall consist of wooden spanners with a minimum separation of 3 inches. c. All supporting structures shall observe a 3' setback from all property lines; the screening roof material may project into 40% of that setback. d. Not more than two sides of any patio or private open space may be walled with any solid or screening material. 2. Solid patio covers or solid shade structures shall conform to the following conditions: a. They may cover not more than 25% of any patio area or private open space. b. They shall be roofed with a material which matches the roof material of the main building, and all trim shall be stained to match the main building. c. All supporting structures shall observe a 3' side yard setback for all property lines; the roof may project into 40% of the required setback. d. No more than 2 sides of any private patio or private open space may be walled with any solid wall or screening material to match the existing building materials and color of the main structure. -ll- 6/5/72 3. Room additions may be allowed in the following P.U.D.'s: Windsor Heights, Brandywine I and II and E1 Rancho del Rey Unit #2, subject to the following conditions: a. A 400 square foot patio or private open area shall be maintained. b. The addition shall utilize the same exterior material and colors as the main structure. Director's Report Director of Planning Warren reviewed for the Commission a proposed assembly bill, AB 1740, which would create a California Zoning Board of Appeals consisting of eight members appointed by the Governor to hear and decide appeals from local zoning decisions. Mr. Warren expressed the opinion it is not necessary to create such a board since it is possible for local zoning action to be appealed through the courts. He suggested that the Planning Commission recommend that the City Council oppose this legislation. Member Rudolph expressed a desire to look into the bill further before expressing opposition or support. MSC (Macevicz-Chandler) Recommend to the City Council an expression of opposition to AB 1740. The motion carried by the following vote: AYES: Members Macevicz, Chandler, Rice, Stewart and Whitten NOES: None ABSTAIN: Member Rudolph ABSENT: Member Adams Mr. Warren reported that a public hearing has been set for June 19 to consider land use alternatives of the Bay Front Study Area as recommended by the Planning Consultants. This will also be discussed at the workshop meeting on June 12. Written Communications A letter from Windsor Park Enterprises, signed by Dale Horton, President, dated May 25, 1972, to the Chula Vista Planning Department states: "I would like to withdraw and retract my letter of March 27, 1972 to you and apologize for any remarks contained therein that might be construed as imputing an improper relationship between Gersten Construction Company and the Planning Department." Mr. Warren also called attention to a copy of a letter sent to the Mayor and City Council about concern by American Housing Guild to discussion that the Commission entered into concerning remarks or representations made by salesmen to buyers of the Flair homes. The Commission noted receipt of the letter and after discussion expressed the feeling that no action was required. -12- 6/5/72 Commission Comments Chairman Stewart called attention to the meeting of the League of California Cities scheduled for Thursday, June 15, at Imperial Beach, at which the topic will be Revenue Sharing and Its Impact on City and County Governments. Member Whitten indicated he would attend this meeting. Member Whitten reported that he had attended the last League meeting in Oceanside which featured a discussion on Proposition 9, which he felt pointed out the fallacy of tieing too much into one bill. Member Rudolph reported that she would be on vacation on June 26 and July 3. The Commission excused Member Rudolph from attending those meetings. ADJOURNMENT MSUC (Rice-Whitten) The meeting be adjourned at 10 p.m. to the workshop of June 12 and the meetings of June 19 and June 26. Respectfully submitted, Helen Mapes ~ Secretary