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HomeMy WebLinkAboutPlanning Comm min 1977/12/14 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA December 14, 1977 A 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: Chandler, Smith, G. Johnson, Renneisen and O'Neill. Absent (with previous notification) Commissioners R. Johnson and Pressutti. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Assistant Director of Public Works Lippitt, Acting Fire Chief Longerbone, Assistant City Attorney Harron and Secretary Mapes. The pledge of allegiance to the flag was led by Chairman Chandler, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (G. Johnson-O'Neill) the minutes of the meeting of November 23, 1977 be approved as mailed. Commissioner Chandler abstained from voting due to his absence from that meeting. ORAL COMMUNICATIONS Chairman Chandler called for oral communications and none were presented. -- CONSENT CALENDAR Chairman Chandler advised that the following three items on the consent calendar w~uld be approved by one motion, without separate discussion of the items unless good cause were shown prior to the Commission action to adopt. 1. Considerationof request for extension of time on tentative map, PCS-76-3 for Parkway Place subdivision The tentative map for a 5 lot subdivision was approved by the City Council on May 25, 1976. The final map is presently under review but an extension of tim~ is needed to complete the process. It is recommended that a one year extension of the tentative map be approved. 2. Consideration of request for deferral of public improvements at 1150 Walnut Avenue - Willis Richardson One of the conditions of approval for moving an existing structure onto the vacant lot at 1150 Walnut Avenue required the installation of public street improvements. Mr. Richardson has requested a deferral of that requirement. The staff report offered findings in support of that request and recommended that the deferral be granted. 3. Consideration of request to vacate the southerly 12 feet of quintard Street _ from First Avenue to Tobias Drive - Stewart Pritikin, et al The property owners along the southerly side of Quintard Street between First Avenue and Tobias Drive have requested the vacation of the southerly 12 feet of Quintard Street adjacent to their properties. It has been determined that -2- December 14, 1977 the existing southerly half of the right of way of Quintard Street is 12 feet more than is required for a residential collector street and it is therefore recommended that the Planning Commission mcommend to the City Council the vacation of that portion of the right of way. MSUC (Renneisen- Smith) The Commission approves the three agenda items on the consent calendar in accordance with the findings and recommendations in the staff report. 4. Consideration of request to vacate Moss Street between Industrial Boulevard and I-5 - James Yamate Director of Planning Peterson advised that the right of way of Moss Street extends between Industrial Boulevard and I-5 although the street is not improved in that location. The homes on either side of the right of way can be served by driveways from Industrial Boulevard if the right of way is vacated, therefore there is no need for the street. Mr. Peterson noted that a billboard, which was erected by the Chamber of Commerce several years ago, is located in the right of way. The Chamber has expressed a desire to retain that billboard and have suggested that the city retain the portion of the right of way on which it is located. Mr. Peterson reported there is a legal question as to whether that could be done. An easement has been granted for roadway purposes over the northef?y half of that street right of way with the underlying fee to remain with the adjacent property owner. If it is no longer needed for roadway purposes, the City could not legally retain it for another purpose. There apparently is no record of an easement over the southerly half of the roadway area. If the Commission concurs that this right of way is not needed for a public street a recommendation should be made to the City Council that the right of way be vacated. Robert Gruss, 3821 Fourth Avenue, San Diego, agent for the owner, affirmed that a title search has determined that Mr. Yamate has the underlying fee title to both sides of the right of way with easements granted to the utility companies within the northern half of the right of way. Mr. Gruss reported that when this property was rezoned to I-P, one of the guidelines adopted stated that when the property is developed no freeway oriented freestanding sign shall be allowed. He therefore felt the existing billboard should be removed since the time period for which it was approved has expired. MSUC (G. Johnson-Smith) The Commission finds that in accordance with the Negative Declaration on IS-78-32 and the findings stated therein, the vacation of this street right of way will have no significant adverse environmental impact, and certifies the Negative Declaration. MSUC (G. Johnson -O'Neill) Based upon the findings contained in the staff report, the Planning Commission recommends that the City Council approve the vacation of Moss Street between Industrial Boulevard and I-5 on the condition that easements are provided for public utilities. -3- December 14, 1977 5. Request for extension of time for operation of existin~ boat sales facility under PCV-75-22 - Peter Aardema Current Planning Supervisor Lee reported that a variance was granted nearly two years ago for the use of a commercial coach as a temporary office for this boat sales facility. At that time it was stipulated that plans for a permanent office should be submitted within a year with an additional three months allowed for construction. The applicant was later given a 7 month extension to coincide with the duration of his lease on the property which would expire this month. The applicant has advised that he now leases the site on a month to month basis and requested permission to retain the commercial coach on the site until he moves. The staff recommends that the applicant be given a 60 day extension during which time he shall remove the coach. Pete Aardema, owner of the boat business, discussed his efforts to find a more desirable location for his business and his inability to do so up to the present time. He stressed his need for this added space for office use and storage of accessory parts and asserted that removal of the trailer before a new location is found Would result in a hardship. Commissioner Renneisen expressed the feeling that a little extra time should be granted to this applicant and recommended an extension of 120 days, or until April 14, 1978. Commissioner Smith concurred with the time extension with the added condition that the trailer shall be removed if the business is sold to another operator prior to the expiration date. MSUC (Renneisen-Smith) An extension is for variance PCV-75-22 for 120 days, or until the business is sold by the present owner, with the stipulation that no further extension beyond April 14, 1978 will be granted. 6. PUBLIC HEARING: Variance PCV-78-4 - Request for reduction of rear yard from 20' to 8' at 628 Mariposa Circle - Robert & Margaret Kuffel Current Planning Supervisor Lee reported that this request is for the purpose of constructing a 12' x 29' two-story addition to an existing single family residence which is located at the required setback line. The two-story addition would therefore be located entirely within the required rear yard. Mr. Lee pointed out that under the provisions of the Code a single story addition containing 460 square feet could encroach into ~e rear yard. That is the maximum square footage that could be added while keeping within the lot coverage limitation of 40% of the lot. It would also be permissible to add a second story addition over any portion of the existing structure. The lot is regular in shape and similar in size to adjacent lots. Based on these facts the staff was unable to find that the lot in question is beih~ deprived of any rights enjoyed by other lots in the area, and in the absence of affirmative findings to support the granting of the variance, it is recommended that the request be denied. Robert Kuffel, owner the the property, commended the staff on the quality of the report submitted. He contended that an addition on to the front of the residence would not be desirable due to the slope of that yard. He asserted that he has the -4- December 14, 1977 support and encouragement of his neighbors in this request, that the size of his family necessitates additional living area, and that it was his thought that construction of an addition in the proposed location would hide the unattractive slope on the rear of the adjacent property. He added that they have no need for a large rear yard. As no one else wished to speak, the public hearing was closed. Commissioner O'Neill commented that in viewing the site he felt the proposed addition would be in keeping with other developmentin the neighborhood. He asked for a clarification of the extent of a single story addition that would be permitted under ordinance provisions. This information was supplied by Mr. Lee. It was moved by Commissioner G. Johnson, seconded by Chairman Chandler, that due to the lack of findings to support the request, variance application PCV-78-4 is denied. The motion carried by the following vote: AYES: Commissioners G. Johnson, Chandler and Smith NOES: Commissioners O'Neill and Renneisen ABSENT: Commissioners Pressutti and R. Johnson 7. PUBLIC HEARING: Conditional u~e permit PCC-78-16 - Request to operate auto repair shop at 615 Chula Vista Street in C-T zone - Wallace and Jean O'Connor Director of Planning Peterson, noted the location of the proposed site just west of Broadway. He reminded the Commission of an application a few months ago for a use permit for sports car restoration at this site. That operation was to include body and fender work. The application failed to receive approval of the Planning Commission by a 3:3 vote, and upon appeal the application was denied by a unanimous vote of the Council. Mr. Peterson noted that this is a small lot, containing only 5400 square feet, and the improvements were not initially designed for automobile repair use. It has therefore been necessary to formulate conditions which would render the site usable for an auto repair facility and be compatible with the neighborhood. Mr. Peterson acknowledged receipt of a letter signed by three nearby property owners expressing support of the application. The staff recommends approval of the application subject to the 12 conditions listed in the report. Commissioner O'Neill asked about the intent of condition 3. Mr. Peterson advised that the intent is to have the repair work done within an enclosed building as much as possible to eliminate noise which would disturb adjacent residents. However, during a period when engines are running for any length of time, without an extensive ventilating system it will be necessary to have the doors open to prevent an accumulation of exhaust fumes. Commissioner Smith suggested that in condition 10, the restriction against parking offsite should be more clearly defined. -5- December 14, 1977 Commissioner Renneisen expressed concern over this recommendation for approval, since the recommendation for the auto repair use several months ago was for denial. Mr. Peterson explained that the previous application had included body and fender work which involves pounding, grinding, and sanding, which is more objectional to nearby residential use. This being the time and place as advertised, the public hearing was opened. Wallace O'Connor, 616 East J Street, advised that he has been operating Morrell's Garage at 359 Third Avenue. Due to the redevelopment program in that area he will be required to vacate that location by next summer. He has therefore been seeking a suitable site on which to relocate. He felt this is a suitable site and due to the limited scope of their operation (three mechanics doing mechanical repair, and no body work or painting) it would be compatible with the neighborhood. He expressed complete agreement with the recommended conditions and assurance that the physical changes stipulated would be made. As no one else wished to speak, the public hearing was closed. It was moved by Commissioner O'Neill that based on the findings stated in the staff report, conditional use permit PCC-78-16 for a minor automotive repair facility at 615 Chula Vista Street be approved, subject to the conditions listed in the report. The motion was seconded by Commissioner Smith with the provision that condition l0 be modified to read, "Cars scheduled for repair work or awaiting customer pick-up shall not be parked on adjacent streets for more than 48 hours." Commissioner O'Neill agreed to the amendment to the motion, and the amended motion carried unanimously by the Commissioners present. 8. PUBLIC HEARING: a. Conditional use permit PCC-78-17 - Request to operate service station at 746 "E" Street in C-V-P zone - Andrew P. Jara b. Precise Plan for redevelopment of property at 746 "E~' Street in C-V-P zone - Andrew P. Jara Current Planning Supervisor Lee advised that the full service station presently operating at this site was constructed prior to the adoption of the ordinance which requires a conditional use permit. The prooosed change in the tyoe of operation will require a use permit. The site is located within the Precise Plan Modifying District in the vicinity of the "E!' Street and I-5 interchange. Under the proposed plan the existing structure and pump islands will be removed and replac~with three pump islands and an attendant's booth. The landscaping will be increased, the freestanding sign lowered to a height of 12 feet. The use of earthtone colors will bring the site into compatibility with other buildings in the area. Findings for approval of the conditional use permit are offered in the staff report, as well as findings and conditions for approval of the precise plan. This being the time and place as advertised, the public hearing was opened. Mike Jirsa, representing Southland Corporation, expressed appreciation for the assistance of the City staff in preparing this submittal. He concurred with all conditions recommended in the staff report. As no one else wished to spea~ the public hearing was closed. -6- December 14, 1977 MSUC (Renneisen-G. Johnson) Based on the findings stated in the staff report the Commission approves PCC-78-17 for operation of a self-service station at 746 "E" Street. MSUC (Renneisen-G. Johnson) Based on the findings contained in the staff report, the Commissioner recommends that the City Council approve the precise plan, PCM-78-10 for improvement of the site at 746 "E" Street, subject to the five conditions listed in the staff report. 9. PUBLIC HEARING: Tentative map PCS-78-1 for B.B. & K. Subdivision - L. R. Blankenship Current Planning Supervisor Lee noted the location of the site, just north of Kellogg School, which contains approximately five acres with a church building on the southern portion of the site. This proposed development would extend Jamul Avenue through from Monserate Avenue to Melrose Avenue to provide for l0 single family lots on the north side of the street, wi th the property on the south side of the street to be retained by the church to allow expansion of that site if needed. Landscaping of periphery slopes will be required in accordance with the Landscape Manual. Assistant Director of PUblic Works Lippitt noted the existing open drainage ditch onth~ north side of this development and discussed the proposal to enclose that drainage in a 36" underground pipe where it crosses lots 1, 2, and 3 of this development, as well as making a connection to the existing pipe to the west to carry the water under Monserate Avenue. This being the time and place as advertised, the public hearing was opened. Frank Phillips, 71 North Fourth, engineer for the project, voiced their objections to building offsite improvements which do not benefit the subdivision, and to the requirement to obtain the offsite easements for those improvements. In response to a question from Commissioner Smith, Mr. Phillips expressed agreement wi th the proposed conditions with the exception of "f" and "g" which relate to drainage improvements and the acquisition of easements.. Arthur Cringan, 214 Inkopah, called attention to the sloping condition of this site and asked if the lots would be terraced, or the entire site leveled. Mr. Lee pointed out the 3 to 4 foot slope bank between each of the lots. Jerome Roebuck, 1003 Melrose, asked about the improvements proposed for the open drainage ditch, and commented on the unsatisfactory condition of that ditch at the present time. Dale Dille, 1021Monserate Avenue, reported that he has no opposition to having the area at the rear of his lot filled if an enclosed drainage pipe is installed to carry the water from the ditch. As no one wished to speak, the public hearing was closed. -7- ~-' December 14, 1977 MSUC (Renneisen-O'Neill) In accordance with the findings in the Negative Declaration on IS-78-33, the Commission finds that this subdivision will have no significant adverse environmental impact and certifies the Negative Declaration. Commissioner Smith raised a question with regard to the force of the Subdivision Manual; namely, whether it is a guideline, or an ordinance that must be adhered to. Assistant City Attorney Harron affirmed that the Subdivision Manual is a guide- line and not an ordinance; it is not at the level of the subdivision ordinance. Commissioner Smith then questioned the requirement for onsite and offsite drainage requirements which specifies the installation of a 36" drain pipe for a portion of the length. Assistant Director of Public Works Lippitt advised that a program has been initiated by the City to install a low flow channel along the northern boundary of this development from Melrose to Lot 3 where it is proposed to install the drainage pipe. He also acknowledged that drainage easements as required for the low flow channel and for the connection to the 36" pipe to the west of this development were offered to the City some time ago but have not as yet been accepted by the City. Commissioner Smith suggested that condition "f" be amended to read, "The drainage improvements, both onsite and offsite, shall be constructed in accordance with the requirements of the Chula Vista Subdivision Manual and approved by the City Engineer;"also that condition "g" requiring the subdivider to obtain the necessary drainage easements be deleted. MSUC (Renneisen-O'Neill) Based on the finding contained in the staff report, the Commission recommends that the City Council approve the tentative map for B.B.& K. Subdivision subject to the conditions recommended in the report with condition "f" amended in accordance with Commissioner Smith's suggestion and condition "g" deleted. 10. PUBLIC HEARING: Zoning text amendment PCA-78-3 to permit card rooms in C-O zone. Director of Planning Peterson advised that the zoning ordinance now permits card rooms as a conditional use in the C-T and C-C districts. The purpose of the proposed amendment is to list card rooms also in the C-O zone as conditional uses. The Commission has approved a use permit for a cardroom in the vicinity of the Colony House restaurant and another further south on Third Avenue across from K-Mart, and one presently exists on Broadway. Under the Municipal Code provisions only one more card room may be allowed, until our population exceeds 100,000. Mr. Max Lercher has requested permission to operate a card room in the building formerly occupied by the Department of Motor Vehicles. This site is in the C-O zone and Mr. Lercher has requested that the property be rezoned or the ordinance amended to allow the use in the C-O zone. It is recommended that the ordinance be amended since the number of card rooms in the city is limited and this should be the last application for some time. This being the time and place as advertised, the public hearing was opened. -8- December 14, 1977 As no one wished to speak, the public hearing was closed. MSUC (G. Johnson-Renneisen) In accordance with the findings stated in the Negative Declaration on IS-78-37, the Commission finds that the proposed amendment to the Municipal Code will have no significant adverse environmental impact and certifies the Negative Declaration. MSUC (G. Johnson-Renneisen) The Commission recommends that the City Council amend Section 19.30.040 of the Municipal Code by adding a subsection to include cardrooms in the list of conditional uses in the C-O zone. DIRECTOR'S REPORT Director of Planning Peterson reported that the study session meeting of December 21 has been scheduled for 5:00 p.m. to be followed by dinner. The main topic to be discussed will be E1 Rancho del Rey. In line with the Council's request for a timetable for the preparation of a revised General Development Plan for E1 Rancho del Rey, it is suggested that the Planning Commission schedule a special meeting for February 1, 1978 to conduct a public hearing on the E.I.R. and on the proposed General Development Plan. The Commission consented to the scheduling of a special meeting on February 1, 1978. Mr. Peterson noted that there is only one continued public hearing on the agenda of the meeting of December 28 and it would be possible to cancel that meeting and reschedule the hearing for the first meeting in January. The Commission consented to canceling the meeting of December 28. Mr. Peterson advised that announcement has recently been received of a "Short Course for Planning Commissioners" scheduled in Anaheim, Calif. on January 26 and 27. While this course is not specifically included in the Commission's budget, there are sufficient funds in the travel account for at least two Commissioners to attend. This would leave funds available for two Planning Commissioners to attend the California Cities Institute for Planning Commissioners to be held in February. He suggested that any Commissioners interested in attending the January conference notify the Secretary. ADJOURNMENT Commissioner Chandler adjourned the meeting at 8:45 p.m. Respectfully submitted, Helen Mapes, Secret ry~