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HomeMy WebLinkAboutPlanning Comm min 1975/06/25 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA June 25, 1975 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, Rudolph, Smith, Rice and Starr. Absent (with previous notification): Commissioners Pressutti and Floto. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Senior Civil Engineer Harshman, City Attorney Lindberg, Environmental Control Commissioner Gillow, and Acting Secretary Scholl. The pledge of allegiance to the flag was led by Chairman Chandler followed by a moment of silent prayer. OP~qL COMMUNICATIONS The Chairman called for oral communications and none were presented. Director of Planning Peterson introduced Assistant Director of Public Works John Lippitt, who will be representing the Engineering Division at future Commission meetings. 1. PUBLIC HEARING: Rezoning PCZ-75-E - 376-380 Telegraph Canyon Road from R-3 to C-O-P, Southwest Investment Corporation Director of Planning Peterson pointed out the location of the 15,000 sq. ft. site, comprised of 2 vacant lots, noting that the adjacent property on the north is zoned R-3, on the south and west the property is zoned R-1 and developed with.single-family homes, while to the east the property is zoned C-N with a service station and small shopping center. The single-family homes to the west are approximately 18 feet above the elevation of this site and are screened by retaining walls and fences on top of the retaining walls. The apartment buildings to the north are set back about 65 feet from this property, with one of the parking areas located directly adjacent. He advised that the request for rezoning to C-O-P is to accommodate the proposed location of an 1800 sq. ft. real estate office on the site. Although there is ample commercial zoning available in this area, the C~O zoning is minimal. The site is unsuitable for residential uses because of an adverse living environment caused by noise, traffic and incompatible commercial uses. Its unique orientation and topography would prevent intrusion into the residential areas, and it is unlikely commercial zoning would set a precedent for further expansion as the surrounding areas are fully developed and relatively new. Mr. Peterson called attention to the findings for approval of the zone change as contained in the written report to the Commission, noting that the project is categorically exempt from environmental review. Commissioner Smith questioned the conformity of the use wi th the General Plan, as the nearest commercial district is shown as approximately 1/4 mile distant on the General Plan. -2- June 25, 1975 Mr. Peterson was of the opinion that the new zoning and subsequent land use does support the intent of the General Plan, although the General Plan obviously is not designed to address itself to individual lot zoning considerations of such minor magnitude. The General Plan presently shows this area as lying between a Thoroughfare Commercial designation and a Residential designation. At the next regular time the General Plan is amended, this site should be changed to reflect the "Professional and Administrative Commercial," in order to clarify the matter. This being the time and place as advertised, the public hearing was opened. Richard Taylor, 4609 Schaumberg Place, Bonita, representing Southwest Investment Corporation, mentioned that he had spoken with several of the residents in the area and they were all pleased to have that corner utilized by the low-keyed, small business which is proposed. About 50% of the site will be dedicated to landscaping, and he believed the architecture of the building they wish to move on it will fit well into the area. As no one else wished to speak, the public hearing was closed. Commissioner Starr agreed with the staff that it was not a desirable residential location, but thought it would lend itself well to a commercial establishment. Commissioner Rudolph remarked that there seemed to be a tendency to try to com- mercialize every intersection by a freeway, but she thought the City had a policy of not allowing commercial on every quadrant. Mr. Peterson noted that the basic policy statement is the General Plan Map itself, which designates quite large areas for commercial use around freeway interchanges. He doubted that there is a market to support such a volume of commercial use, but this being a 15,000 sq. ft. lot which is undesirable as a dwelling site, believed it appropriate in this particular case to be considered for commercial zoning. Commissioner Rice was of the opinion that this site was suited for C-O use, making a good buffer between the residential and the C-N, and should be con- sidered on its own merits rather than the fact that it is an intersection adjacent to a freeway. MSUC (Starr-Smith) The Commission recommends to the City Council the change of zone for 1/3 acre of property at the northwest corner of "L" Street and Telegraph Canyon Road from R-3 to C-O-P based on the findings as stated in the staff report. 2. Consideration of Precise Plan for 376-380 TelegraPh c~ns~n Road~ S~uthwest Investment Corporation Director of Planning Peterson pointed out the southerly portion ~f the two lots where an 1800 sq. ft. building will be located, with twelve parking spaces provided on the north end adjacent to the parking area for the apartments to the west. The parkin9 access will be off Telegraph Canyon Road. He noted that the 20 ft. high, 24 sq. ft. pole sign proposed for location on - East "L" Street is 4 feet higher than the Zoning Ordinance allows and should be reduced in heigh~ to conform with the Ordinance. Due to the difference in -3- June 25, 1975 elevation, the illumination of the sign should be no basis for concern for the single-family homes to the west. Commissioner Smith asked why the two legal lots comprising the site should be required to be consolidated. Mr. Peterson replied that when a site is being used for a single use it is usually best to have the consolidation of the property so it cannot be divided in the future; the setback requirements are related to the property lines and this may cause a problem in the siting of the building. Further, as a general rule, the parking serving a commercial use should be on the same property as the com- mercial use itself. Commissioner Smith moved for approval of the Precise Plan for development of 1/3 acre of property at the northwest corner of East "L" Street and Telegraph Canyon Road subject to all conditions of the staff report except Condition #1. Commissioner Starr inquired as to the amount of the adjustment plat fee. Mr. Peterson answered that the adjustment plat process is a new process to avoid the filing of a parcel map and the fee is nominal. City Attorney Lindberg advised that the Attorney General made it plain that the lots automatically by operation of law are merged because they are both in the same ownership and the only purpose of filing an adjustment plat is to provide a clear record for all parties concerned. It is not expensive and there is no great burden imposed on the property owner. Commissioner Smith amended his motion: MSUC (Smith-Rice) The Commission recommends to the City Council the approval of Precise Plan for development of 1/3 acre of property at the northwest corner of East "L" Street and Telegraph Canyon Road subject to the conditions of the staff report. 3. Consideration of architectural compatibility of a commercial building proposed to be moved onto the property at 376-380 Telegraph Canyon Road) Wikander Construction Co. Director of Planning Peterson reported that this item considers the architectural compatibility of the building proposed to be moved onto the site mentioned in the last two items. He believed the structure is compatible with the surrounding architecture and with the five findings listed in the staff report the Commission could recommend approval of the moving permit to the City Council. MSUC (Starr~Rudolph) Based on the findings stated in the staff report the Com- mission finds the building proposed to be moved onto the property at 376-380 Telegraph Canyon Road is architecturally compatible with the surrounding area and recommends that the City Council approve the moving permit subject to the conditions of the staff report. -4- June 25, 1975 4. PUBLIC HEARING: Consideration of Tentative Subdivision Map PCS-75-2 for Palomar Garden Estates, southeast corner of Palomar Street and Second Avenue Current Planning Supervisor Lee pointed out the 2.5 acre site for which the Planning Commission has previously recommended approval of the rezoning from R-1 to R-2-T-P and approval of the precise plan. The present proposal is for the subdivision of the property into 24 individual lots served by four private driveways. Tile staff has determined that the subdivision map conforms closely to the precise plan approved by the Commission on May 28th. Mr. Lee noted that the Initial Study (IS-74-27) was also certified on May 28th in conjunction with the rezoning and called attention to the findings for approval of the tentative subdivision map contained in the written report to the Commission. This being the time and place as advertised, the public hearing was opened. Dick Reynolds of Phillips-Reynolds, Civil Engineer for the applicant, stated that they would like to have further consideration of conditions IO and ll of the staff recommendation. Item 10 requires the jacking of the sewer main under the existing concrete line channel at Lot 22. He thought this would be an undue expense, since the channel could be repaired to a serviceable condition. The only good reason to jack the utility is in case of heavy traffic. Item ll requires manholes at the terminus of the sewer main at Lots 4 and 10, and he thought clean-outs should be acceptable so far as maintenance is concerned. Senior Civil Engineer Harshman advised that something could probably be worked out regarding the jacking of the sewer main if the applicant provides a means suitable to tile Director of Public Works. With regard to sewer mains terminating in clean-outs, the City has found this not acceptable, and therefore has required manholes for a number of years. He suggested this, too, should be resolved to the satisfaction of the Director of Public Works. As no one else wished to speak, the public hearing was closed. Commissioner Smith believed conditions l0 and ll to be Engineering items rather than Planning and could be left up to the Public Works Department. Commissioner Smith moved that Chula Vista Tract No. 75-2 Tentative Subdivision Map complies with the State Map Act, Section 66473.5 and recommended that Council approve the revised map, subject to the conditions of the staff report, deleting conditions 10 and 11 and adding: "All public works construction, whether or not on easement or on public streets, shall be performed to the satisfaction of the Public Works Department." Commissioner Rudolph seconded the motion. Mr. Peterson agreed that if it was acceptable with the Engineering Division, it was suitable to the Planning Department. City Attorney Lindberg advised that it is his understanding that a Tentative Map is a contract with the developer and should therefore be as definitive as pos- sible. He wished reassurance from the Engineer that this does constitute a definite contract. -5- June 25, 1975 Mr. Harshman believed if it referred to the standards of the City as well as the satisfaction of the Director of Public l~orks it would be more appropriate. Commissioner Smith amended his motion to add the words, "and to the standards of the City of Chula Vista." Commissioner Rudolph agreed to the amendment. Commissioner Starr thought the two items should be listed with the other con- ditions; with the suggested wording, the Engineering Division could be very arbitrary and the applicant would be left with no recourse. Commissioner Rice also believed the items should be left as listed and adding that they should be resolved to the satisfaction of the Director of Public Works. The motion failed by the following vote: AYES: Commissioners Smith, Rudolph and Chandler NOES: Commissioners Rice and Starr ABSENT: Commissioners Pressutti and Floto MSUC (Rudolph-Rice) The Commission finds that the Chula Vista Tract No. 75-2 Tentative Subdivision Map complies with the State Map Act, Section 66473.5 (effective 3/1/75) and recommends that Council approve the revised map, subject to the conditions contained in the staff report, adding to conditions 10 and ll that they may be resolved to the satisfaction of the Director of Public Works. City Attorney Lindberg announced to those in the audience that the next three public hearings on the agenda were requests for variance, and findings for or against would become final by the action of the Planning Commission unless appealed to the City Council. Since only 5 members of the Commission were present, it would require an affirmative vote of at least four members to approve a request, and if any of the applicants or opponents should desire to wait until all members of the Commission are present, please make that wish known so the matter might be continued. 5. PUBLIC HEARING: Variance PCV-75-8 - request to create two lots with less than required lot depth, 144 First Avenue - Warren & Charlenn Harding Current Planning Supervisor Lee pointed out the existing parcel with an area of just under 20,000 sq. ft., in the R-2 zone, which the applicants wish to divide into two sites, both of which would have less than the required lot depth of 90 feet. The front parcel, which is occupied by a single family dwelling would remain as a 7000 sq. ft. lot. Two attached units are proposed for the rear parcel, which would contain 12,172 sq. ft. A 10 ft. wide unimproved driveway which exists on the southerly property line would be widened to 20 feet and improved. The plan shows that adequate usable yard areas would be provided for both the existing house and the new units, even though the lots are less than 90 feet deep. -6- June 25, 1975 Mr. Lee called attention to the findings for approval of the variance contained in the staff report and noted that the request is categorically exempt from environmental review. Commissioner Starr mentioned there were a number of lots in that area which had houses built at the rear. He wondered about the General Plan aspect and if it were good planning to encourage this sort of thing. Mr. Lee replied that the configuration of the lots makes it more or less necessary unless a precise plan is developed for the entire area. This has been attempted in other areas of the City but it has not been possible to bring all property owners together to agree on the formulation of a precise plan. Commissioner Smith asked if there is a public sewer in existence which is avail- able to the site. Mr. Lee said that it is scheduled for construction under the 1911 Act sometime this year. This being the time and place as advertised, the public hearing was opened, and as no one wished to speak the public hearing was closed. MSUC (Rudolph-Smith) Approval of variance request PCV-75-8 to create two lots with less than the required depth at 144 First Avenue be approved in accordance with the findings and subject to the conditions listed in the staff report. 6. PUBLIC HEARING: Variance PCV-75-9 for additional pole sign in shopping center, 15 Fourth Avenue - Chula Vista Wallbangers, Ltd. Current Planning Supervisor Lee reported that several months ago the Commission approved a conditional use permit for a handball court facility in the flood plain, to be constructed in the interior portion of a 2.6 acre commercial site. The property is occupied by several unrelated freestanding buildings, and this facility is screened off from the public. The applicant is requesting permission to erect a 12 ft. high, 15 sq. ft. freestanding sign, located on the Fourth Avenue frontage, for identification. Mr. Lee pointed out there are three existing freestanding signs on the property, and the ordinance allows only one. Two of those signs must be removed at the end of the 15 year abatement program. He called attention to the findings for approval of the variance in the staff report, and noted that the request is categorically exempt from environmental review. This being the time and place as advertised, the public hearing was opened, and as no one wished to speak the public hearing was closed. Commissioner Rice agreed that identification was needed and there is a valid case for a variance. Chairman Chandler concurred that without a sign no one would find them. MSUC (Rudolph-Starr) Approval of variance PCV-75-9 for a 12 ft. high, 15 sq. ft. freestanding sign for "Chula Vista Wallbangers" at 15 Fourth Avenue, in accordance with the findings and subject to the condition that the base of the sign be land- scaped in accordance with standards set forth by the Landscaping Architect. -7- June 25, 1975 7. PUBLIC HEARING: Variance PCV-75-10 for 20 ft. hi~h~ 36 sq. ft. directional siQn at "H" Street entrance to Jack-in-the-Box - Foodmaker, Inc. Current Planning Supervisor Lee pointed out the location of the Jack-in-the-Box restaurant at 486 Broadway, with access from Broadway, and a secondary entrance on "H" Street, between a service station and another restaurant sign. The applicant is requesting permission to replace an existing 177 sq. ft. sign with a new directional sign of 39 sq. ft. The new sign conforms with the standards established in the Zoning Ordinance for height and size, but requires a variance since it is classified as a directional sign which, under the ordinance, would be limited to an area of 10 sq. ft. and a height of 10 feet. Mr. Lee observed that the structure itself and its identifying sign are visible from Broadway, and the sign is intermittently visible from "H" Street, but it does not provide identification for the "H" Street entrance. He noted that the request is categorically exempt from environmental review and called attention to the findings for approval of the variance in the staff report. This being the time and place as advertised, the public hearing was opened. Lon Wallace of California Neon Products, representing the applicant, concurred with the staff report. As no one else wished to speak, the public hearing was closed. Chairman Chandler was pleased that the large sign is being taken down, but agreed that the smaller one is needed for direction. MSUC (Rice-Starr) Approval of variance PCV-75-10 for a 20 ft. high, 39 sq. ft. directional sign, to be located at the "H" Street entrance to the Jack-in-the- Box restaurant at 486 Broadway in accordance with the findings listed in the staff report. 8. Consideration of request for one year extension of Tentative Map for Zenith II Director of Planning Peterson reported that the City Council had approved the Tentative Map for this subdivision on February 5, 1974. The approval is valid for 18 months, by which time the subdivider is obligated to file a final map. Because of depressed economic conditions, the subdivider, American Housing Guild, has requested a one year extension for the recording of the final map and devel, opment of the property. MSUC (Rice-Rudolph) Approval of a one year extension for Zenith II Tentative Subdivision Map, to expire July 25, 1976. 9. Consideration of formation of Open Space District #5 in South Bay Villas Subdivision Current Planning Supervisor Lee reported that South Bay Villas Subdivision was approved by the City Council on November 12, 1974. The subdivider has now -8- June 25, 1975 petitioned the City to form an Open Space Maintenance District on approximately 12.7 acres. The number of assessable lots within the District is 119--113 on which dwellings will be constructed, and 6 to be developed at a future date. The monthly assessment per lot is estimated to be $6.18, or approximately $74.00 per year, per lot. The subdivider would be responsible for a period of one year for the maintenance of the open space landscaping. The assessment would be col- lected as a part of the regular tax bill and a substantial amount of the annual $8,825 maintenance cost would be accrued before the land was turned over to the District. He noted that the request is categorically exempt from environmental review. MSUC (Rice-Rudolph) The Preliminary Report of June 13, 1975 from the Directors of Parks and Recreation and Public Works on the Establishment of Open Space District #5 be accepted, and recommend to the City Council the formation of Open Space District #5 in the South Bay Villas Subdivision. 10. Consideration of request for extension of Variance PCV-73-5 for use of trailer for temporary office to June 15, 1976, 352 "Il" Street - Chula Vista Federal Savings & Loan Association Current Planning Supervisor Lee reported that the Planning Commission approved a variance permitting use of trailer as temporary office on April 16, 1973. The applicant has encountered delays in building of permanent facility as out- lined in the staff report, and was granted an extension to June 15, 1975. The present request is for an additional extension to June 15, 1976. The plans for the permanent structure have been checked once by the City, returned to the architect in April, 1975 and brought back into the Planning Department office today. The schedule calls for completion of the permanent structure within six months, and staff is recommending an extension of the variance for a six months period. MSUC (Smith-Starr) Variance PCV-73-5 for use of a trailer as a temporary office at 352 "H" Street be extended for a period of six months, to expire December 31, 1975. ll. Determination of conformity of the proposed acquisition of certain real pr--~tY~ located near the southwesterly corner of Third Avenue and H Street, as the site of the South Bay Court- house and related facilities, with the General Plan of the Cit~ of Chula Vista Director of Planning Peterson reported that the City Council has moved in the direction of acquiring a site near Third and H for possible use of the SoUth Bay Courthouse, but before that acquisition can commence the State Planning and Zoning Law requires that the planning agency report upon its conformity with the General Plan. The Public Building Element of the General Plan states that the South Bay Judicial District should be located within the urban core of Chula Vista. It is considered that the urban core includes the H Street commercial complex, as well as the Central Business District and the Civic Center. The Planning staff is of the opinion that this proposed acquisition of real property for public use would substantially conform to this municipality's long range comprehensive, and general goals, general objectives, and policy for growth development. -9- June 25, 1975 City Attorney Lindberg commented that as an attorney he has a deep interest in the facility. The General Plan cannot contain the precise location of all the necessary governmental buildings, and since there is sentiment to oppose this location of the South Bay Courthouse facility, he wished to encourage the members of the Commission to voice their opinions, whether pro or con. He believed it would be appropriate to have a good record at Commission level for reference to the City Council Commissioner Rice thought it was a good location, close to the business district and close to the Civic Center. Commissioner Rudolph agreed that the site was a good choice, and would leave the main part of the Third Avenue business district for shopping. Commissioner Smith thought it was a good choice of location for the facility. Commissioner Starr thought it a particularly good choice from the standpoint of access; the property would get good frontage on "H" Street as well as Third. Chairman Chandler concurred with the other members that the site was an excellent choice. MSUC (Rudolph-Rice) The Planning Commission advises the City Council that the proposed acquisition of real property, located near the southwesterly corner of Third Avenue and H Street, for the purpose of siting the South Bay Courthouse and related facilities would be in substantial conformance with the General Plan of the City of Chula Vista. 12. Determination of conformit~ with the General Plan of the proposed lease of offices at 315 Fourth Avenue by the District Attorney and Counts Sheriff Director of Planning Peterson reported that the County of San Diego proposes to lease 2400 sq. ft. of office space at 315 Fourth Avenue for use by the District Attorney and County Sheriff. Both operations will be in direct support of the new South Bay Court complex. California Government Code Section 65402 requires the Planning Commission to determine that proposed public acquisition of long term leases are in conformance with the Chula Vista General Plan. The staff finds that the proposed use is in all respects an office operation, locating in an office building in the C-C zone in an area designated on the Plan for com- mercial use. MSUC (Rudolph-Start) The Planning Commission finds that the County's lease of 2400 sq. ft. of office space at 315 Fourth Avenue for use by the District Attorney and County Sheriff conforms to the Chula Vista General Plan. COMMISSION COMMENTS Commissioner Smith observed that his copy of the General Plan Map has no date on it. He suggested it should carry the date of revision each time the Map is amended. Mr. Peterson concurred and noted that the revision date will appear on future maps. -10- June 25, 1975 ADJOURNMENT Chairman Chandler adjourned the meeting at 8:15 p.m. Respectful ly s ubmi tted. q_eoda Schol 1 Acting Secretary