HomeMy WebLinkAboutPlanning Comm min 1975/05/14 MINUTES OF A REGULAR MEETING OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
May 14, 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, Rice, Starr, Floto, Pressutti and Smith. Also present:
Director of Planning Peterson, Current Planning Supervisor Lee, Senior Planner
Pass, Assistant City Attorney Beam and Secretary liapes.
The pledge of allegiance to the flag was led by Chairman Chandler followed by
a moment of silent prayer.
APPROVAL OF MINUTES
MSUC (Rudolph-Pressutti) The minutes of the meeting of April 23, 1975 be approved
as written.
ORAL COMMUNICATIONS
Chairman Chandler called for oral communications and none were presented.
CONSENT CALENDAR
- 1. Consideration of request for architectural approval in Horton Hill PUD-72-1
David Cerutti
2. Consideration of request for deferral of public improvements in alley between
Garrett and Landis, north of Davidson St., Alfonso F. Yepis
3. Consideration of request to locate a move-on commercial office building,
20' x 16' in size, at 720 E Street, Trans Rent-A-Car
MSUC (Rudolph-Rice) Items on the consent calendar be approved in accordance
with the staff recommendation.
4. Consideration of final Environmental Impact Report EIR-75-2 on Communal
HOusehold Zoning Text Amendment
Director of Planning Peterson noted that the public hearing in consideration
the Environmental Impact Report was held on April 23, 1975 and the testimony
presented at that hearing has been included in the report, along with response
from the staff on the issue raised at the hearing. It is recommended that this
final report be adopted.
HSUC (Rudolph-Floto) Environmental Impact Report EIR-75-2 relating to a zoning
text amendment for the conditional allowance of communal households be adopted.
5. PUBLIC HEARING: Conditional Use Permit PCC-75-7, request to construct
addition to exis%in~ facility at 395 D S%reet, FirS% Assemb]7
of God ChQrch
Director of Planning Peterson advised that the plans submitted for this project
did not indicate the phasing of the project as it is proposed to be carried out.
The applicant has requested that the public hearing be continued to permit time
for revision of the plans which will consist of a master plan for the church
development. The church has agreed to a continuance to the meeting of June llth.
MSUC (Rice-Starr) The public hearing in consideration of PCC-75-7 be continued
to the meeting of June 11, 1975.
6. PUBLIC HEARING: Conditional Use Permit PCC-75-8, request to utilize office for
group cUUnseling, 571-C an~ 577 Third Avenue, YMCA of San Diego
ahd san Diego County
Current Planning Supervisor Lee advised that since this type of operation is
considered a quasi-public use, a conditional use permit is required. It is proposed
that the use will be located in two existing buildings which were formerly used
as offices. It is anticipated that the staff will consist of 9 or 10 counsellors
and an office manager and that the hours will generally be from 8:30 a.m. to 5:00 p.m.
with some counselling occurring during the evening hours. There are 11 parking
spaces at the rear of the building which should be adequate for this use since
most of the contacts will be in the field.
Mr. Lee noted the need for a motion certifying the ~legative Declaration and finding
that the YMCA Family Stress Center will not have any possible significant impact on
the environment, and the recommendation that the conditional use permit be approved.
This being the time and place as advertised, the public hearing was opened.
Gary Mathies, Director of the Project, expressed agreement with the staff report.
In response to a question from Commissioner Rice, he affirmed that they expect
very little traffic in the parking area.
Gait Otto, 570 Twin Oaks, resident in the area, expressed support of having this
facility at that location.
As no one else wished to speak, the public hearing was closed.
MSUC (Rice-Pressutti) The Commission finds that in accordance with the Negative
Declaration and the findings therein the YMCA Family Stress Center will not have
any possible significant i~pact on the environment, and certifies that the Negative
Declaration has been prepared in accordance with CEQA 1970, as amended.
MSUC (Rice-Pressutti) Conditional use pem~it PCC-75-8 to utilize office buildings
at 571-C and 577 Third Avenue for group counseling by the YMCA of San Diego be
approved.
-3- May 14, 1975
7. PUBLIC HEARING: Consideration of Housing Element of the General Plan
Director of Planning Peterson noted that this hearing was continued from the
meeting of March 26 to allow additional time for the Board of Realtors and the
Chamber of Commerce to review the element and make suggestions. A number of
meetings with these groups have resulted in a number of revisions which are
indicated in the latest draft of the Housing Element.
~lr. Peterson pointed out that one of the most important revisions is contained
on page 12 and provides that the City will encourage the establishement of an
advisory commission of housing industry representatives to counsel and assist
residents normally qualified for Federal assistance in a self-help program to
obtain housing through local programs. He complimented the efforts of Mr. Marion
Hunt in attempting to establish a pro§ram with local financial institutions to
provide loans at lower than the prevailing interest rates.
~.Ir. Peterson reviewed the most important provisions of the element, noting that
the first is the requirement that each developer of more than 50 units be required
to address the need to provide 10% of the units for low and moderate income groups.
Ue pointed out that "address the need" is not an absolute requirement that such
units be provided in every development, but if a federal subsidy is available
the developer would be expected to take advantage of that. If such programs are
not available and the developer can show that the development of lower cost units
in his particular case is not feasible, then he would not be expected to meet the
requirement.
Hr. Peterson indicated that the second item of major importance is the requirement
that the city participate in Section 8 leased housing. He advised that the
City has joined the County Housing Authority and anticipate that some Section 8
leased housing will be located in Chula Vista.
The third important element pointed out by ~lr. Peterson is the requirement that
each developer of more than 50 units shall participate in an Affirmative Fair
Marketing Program, such as the plan worked out between the BCA and HUD. The
developer may either join that ongoing program or may initiate a fair marketing
program of his own.
In response to a question from Commissioner Pressutti, Mr. Peterson explained
that a traditional Euclidean residential zone refers to the standard zone designations
such as R-l, R-2, C-T and so on, as opposed to the more flexible zoning such as
Planned Community and Planned Unit Development zone designations.
Responding to a further question from Commissioner Pressutti, l~r. Peter~on advised
the City's Department of Community Development is separate from the Planning
Department and is primarily occupied with redevelopment proposals for the
Bayfront area and the downtown Third Avenue area. He noted that department is
also involved in the implementation of the U. S. ~using Act of 1974 and have
recently received notice that a Federal grant in the amount of $258,000 will be
forthcoming pursuant to that act.
Commissioner Pressutti asked for comments on the suggestions made by the BCA
with regard to development standards.
_4_ May 14, 1975
Mr. Peterson acknowledged the BCA suggestion that development standards as adopted
by the City in previous years be lowered in an effort to reduce the cost of providing
new homes° He indicated he did not feel this was the best solution or one that should
be resorted to unless other methods fail to provide housing to meet the needs of
the population.
Commissioner Smith called attention to the statement on page 7 which says the
City of Chula Vista will not require a developer to devote a significant number
of dwelling units to low income housing where this would render the project
economically impracticable or financially infeasible. He asked if this decision
would be made by the developer.
Mr. Peterson advised it would not; a developer would be required to present
factual evidence on which the City could decide whether low income housing should
be included in a particular development.
Commissioner Start questioned whether the practicality of a project could be
determined by any factor other than economics.
Commissioner Pressutti pointed out an inconsistency in the use of the words
"should" and "shall" or "will". He felt "shall" and "will" are more explicit and
are the preferred terms.
Mr. Peterson pointed out that the word "should" appears mainly in section "I" which
presents possible solutions to foreseeable obstacles to the implementation of
the Housing Element. This section of the report is required by guidelines adopted
by the State and to which cities must adhere in developing their element. It is
felt these possible solutions should not be stated as mandatory requirements.
Statements in the report which relate to mandatory requirements use the word "shall"
or "will"
Commissioner Pressutti maintained that in the solution to problem 5 in this section,
(page 12), it could be stated "The City of Chula Vista shall encourage house
builders to provide. "and "Residential projects are expected to manifest
compliance . "
Mr. Peterson indicated he would have no objection to making that change.
Chairman Chandler opened the public hearing.
Carmen Pasquale, representing the Otay Land Company, contended that this element
has not adequately addressed the city's role in making provisions for the housing
needs of all economic segments of the community. He felt that Federal subsidies
and programs cannot be relied upon entirely to meet this need. He expressed the
opinion that the high development standards, such as the Hillside Modifying District
and Park Dedication Ordinance, adopted by Chula Vista have precluded the possibility
of providing lost cost housing in the undeveloped areas of the city. He asserted
that low income families couldn't afford to pay for a lot with all the contingencies
the city requires.
-5- May 14, 1975
Marion ~unt, 368 Corte Maria, representing the South San Diego Bay Board of
Realtors, complimented the Planning Department staff on the preparation of this
element which deals with diverse and complex problems, due in part to State and
Federal governmental regulations. He also expressed appreciation for the reception
given to his group and to the suggestions which they made. He asserted that neither
the City nor the State can legislate social and economic problems out of existence,
nor enact an instant cure of inequities. Ue felt, however, that the City can promote
participation and cooperation between concerned and aware groups for these problems.
He felt this Housing Element is an opportunity to do that. He suggested, however, that
lessening the quality of living in Chula Vista by abandoning standards that have
been in existence for years is not the answer and will do no good. ~e pointed out
that the city's Planned Community and Planned Unit Development zones permit diversity
from standard R-1 or R-3 development, while still maintaining high standards of
quality. He suggested that such projects could be located in the inner core of
the city where services already exist, but expressed concern over the difficulty
of rezoning property to that category since the zoning must be in conformance with
the General Plan and that Plan can be amended only three times a years. This may
present an expensive time lag.
Mr. ~unt called attention to item 6 under Section "I" which indicates that the City
will encourage the establishment of an advisory commission of housing industry
reqresentatives to counsel and assist residents normally qualified for Federal
assistance in a self help program to obtain housing through local programs. He
suggested this could be carried out through the Community Development Department
(Redevelopment Agency) by the use of Block Grant Funds for community development.
He expressed the desire of the Board of Realtors to cooperate in this regard. ~e
suggested that the proposed advisory commission should include well qualified realtors,
progressive and innovative finance industry representatives, and concerned members
of the construction industry. ~le felt that through the united effort of those groups
and the cooperation of the City the need for providing lower cost housing can be met.
Joy Thonneson, 36 San Higuel Drive, representing the League of ~omen Voters,
presented the following recommendations from that group:
1. That the City accept an allotment of low-moderate income housing as a goal.
2. That the Housing Element include an annual goal for the provision of low-moderate
income housing.
3. That the Housing Element include a requirement to builders that they supply
a percentage of moderate cost housing in developments of a certain size.
4. That the existing zoning ordinances, land use element and building codes be
reviewed to determine if they unnecessarily hinder creative plans that could
provide low-moderate income housing.
Ken Kolk, 530 Azalea, speaking on behalf of the Chula Vista Chamber of Commerce,
reported that they are in general agreement with the element as it is written,
but called attention to their letter which states that the Chamber, as a group
-- of individuals engaged in free enterprise, find it difficult to accept the fact
-6- flay 14, 1975
- that government is called upon to legislate in this manner, and they feel that
this sort of problems should be worked out in the traditional fashion.
~ith particular reference to the document, Mr. Kolk called attention to the
requirement contained in II C, on page 2, for developers of more than 50 units to
conduct a "fair marketing" program. He pointed out that advertising in minority
media is traditionally not productive, and since the developer cannot drop the
productive advertising, he must add the unproductive advertising which will become
a direct cost of some substantial proportion. ~e suggested that this requirement
should apply only to federally financed or insured programs.
Hr. Kolk pointed out that on page 3, under Goals, No. 1 requires, "The provision
of decent housing in well-planned neighborhoods in all areas of the City for persons
of all economic levels." He requested that the first "all" be deleted, which
would still provide for decent housing in the City for persons of all economic levels.
Under item 3 of the same section, Mr. Kolk questioned the need for the Chula
Vista ~{ousing Element to include, "The resolution of regional and area-~ide housing
problems." He agreed it is proper to address the problem, but felt it is not
practical that we resolve to solve the area housing problems.
Under the Action Program, Section A, Neighborhood Planning and I~provement, Nr.
Kolk requested that the statement relating to participating residents and property
o~ners be changed to state, "would be expected to maintain their property in
accordance with their neighborhood plan," rather t}T~-'"~'~-improve ........ "
Hr. Kolk asked that item No. 4 in Section C, which requires developers of projects
containing more than 50 dwelling units to participate in an Affirmative Fair
Marketing Plan, be amended by adding the words "when Federal financing is employed."
~r. Kolk spoke against the instances of mandate contained in the element and also
against the negative approach in some sentences, such as, "~here practicable,
developers should not create sterile suburbs of middleclass, single family houses,"
which he felt could be better stated in a positive manner. He also called
attention to the statement that, '~Private investment in the construction of new
housing for low and moderate income families is not very lucrative," and suggested
that this document should seek specific means of getting solutions to such problems.
He cited an experiment by the State of ~lassachusetts in attempting to solve this
problem and obtain an admixture of housing for various income levels. He urged
that the City ~ork in conjunction with private industry to induce solutions to the
housing problem and not have to mandate the solutions.
Peggy Goldstein of the Comprehensive Planning Organization advised that the
regional housing element adopted by CPO last year included the provision that
all jurisdictions within San Diego County should adopt housing elements which
meet the guidelines of the State of California. She pointed out that it is
important for each city to have its housing element, not simply to meet State and
Federal legislation, but in order that each jurisdiction will meet its share of
the housing burden of the area. She expressed particular support for the items
in the housing element which call for the use of Section 8 or other appropriate
housing subsidies in the City of Chula Vista. She noted that while there is a
problem in obtaining Federal funding, all housing elements should reflect the willingness
of the jurisdiction to make use of ~hatever Federal subsidies that become available.
She applauded the City of Chula Vista on joining with the County Housing Authority
and also on the requirement of an Affirmative Fair ~larketing Program. She recommended
-7- Hay 14, 1975
that if Chula Vista chooses to add to its housing element annual goals for housing
production, the goals authorized in the regional housing element be used; those
goals allocated a number of lo~'~ and moderate income units to each jurisdiction in
the area.
Mrs. Goldstein called attention to two additional programs which might be used by
the City of Chula Vista: the Harks-Foran Rehabilitation Bill, which would allow
a city to use State funds for residential rehabilitation; and the California Housing
Finance Agency, which is expected to become a reality within the next few months,
will also provide new State money to all jurisdictions in California. ~{owever, only
those jurisdictions which have viable housing elements will be eligible for these
funds.
She complimented Chula Vista on the admirable goal of encouraging developers to
provide low and moderate income housing. She acknowledged that a definite require-
ment for this can only be handled by specific ordinance which cannot be included
in a general plan element, but the policy can be there.
Ken Kolk, 530 Azalea, speaking as a private individual, reported that on a recent
lot split dividing a parcel into four 6,000 sq. ft. lots, the ground cost of
improving the three additional pads exceeded $18,000. This included the grading
and minimal landscaping required for lots which will not be built upon in the
immediate future, park fees, utilities, etc. Adding this expense to the original
cost of the land, means that houses built on those lots will cost in excess of
-.. $50,000.
As no one else wished to speak, the public hearing was closed.
Commissioner Rudolph noted that the Housing Element is a very complex document and
one that will have far reaching implications, whether it is a program which
accomplishes goals, or a set of platitudes which does nothing. She suggested
that in considering the element, it be divided into the following sorts of different
programs: Programs for preserving and improving the present stock; programs for
assistance to households with inadequate income; programs for increasing the housing
stock in the moderate income price ranges; and lastly, the citizen structure for
implementation of the Housing Element.
With regard to preserving neighborhoods, she recommended that the City:
(a) Adopt policies for zoning changes, conditional use permits, variances~ permits
and capital improvements (particularly streets and the routing of traffic~ which will
protect or improve existing residential neighborhoods. (b) Adopt a capital improve-
ment and public services programs which will provide or improve needed services for
existing neighborhoods, such as: streets, neighborhood parks, libraries, transit.
(c) Investigate the feasibility of adopting a program for the removal of incompatible
or nonconforming uses with existing neighborhoods.
Commissioner Pressutti questioned the level of specificity to be included in a
housing element. He felt that if the housing element attempts to resolve all
of the problems which can be envisioned, the document will be so voluminous as to
be unusable. He felt that, instead, the Housing Element is a broad parameter
w~thin which the City can provide the specifics; and that the solution to problems
is undertaken after the Housing Element has been adopted.
-8- May 14, 1975
Commissioner Rudolph contended that preserving the existing residential neighborhoods
should be a high priority in the element, and that the proposed element does not
provide for a program which will do that.
Director of Planning Peterson advised that the existing General Plan text does
contain statements that fulfill goal "2 a" as recommended by Commissioner Rudolph;
the City also has a capital improvement program, which addresses the need for
libraries, parks, streets and transit, and that program is updated on a yearly basis.
With regard to the elimination of nonconforming uses, he pointed out this is a
very sensitive business decision and legal question as to how such uses can be
phased out. He felt this has not been aggressively attacked with the exception of
signs.
Commissioner Rudolph presented suggestions for code enforcement, including
adoption of a Housing Code, a program of periodic inspection of rental units, a
program of condemnation of dilapidated and unsafe dwelling units and assistance in
relocation of the displaced households, and support of State legislation dealing
with tenants' rights.
She expressed pleasure that a program for obtaining lower cost financing is being
undertaken.
Commissioner Rudolph then discussed her recommendations for subsidy funding or
assistance. She noted that joining the San Diego County t~ousing Authority and
application for Section 8 leased housing have been included in the element. She
felt the proposed element did not clearly establish the programs which are pre-
requisite to eligibility for "Block Grant" funding and this should be spelled out to
indicate that the funds would be for the purpose of providing low and moderate income
housing. She also suggested adding a program to read, "Utilize funding through the
State Finance Agency."
Commissioner Pressutti again raised the issue that by including a statement to
provide assistance in funding of housing, regardless of where such funding comes
from, it adequately covers the need, and the various programs can be implemented
under that provision without being individually enumerated in the housing element
itself.
Commissioner Starr expressed the opinion that this element would fulfill the
requirement of the State guidelines. He felt Hr. Kolk~s suggestions were well
taken and should be incorporated into the draft. He also felt that Commissioner
Rudolph's represented considerable research but that he could not vote at this
time to include it entirely in the Housing Element. He suggested that some of
the programs which she had recommended should be explored further in workshop
meetings prior to adoption.
Director Peterson confirmed that the Council on Intergovernmental Relations has
promulgated guidelines that cities must follow in the development of all General
Plan elements and if the city omits something in that guideline they will be
faulted for that. This element has been specifically designed to fulfill each
of the guidelines set forth by the State.
May 14, 1975
MSUC (Pressutti-Floto) The Commission finds ~hat in accordance with Negative
Declarations on IS-74-50 and IS-75-2 and the findings therein that the Housing
Element will not have any possible significant impact on the environment, and
certifies that the Negative Declarations have been prepared in accordance with
the California Environmental Quality Act of 1970, as amended.
It ~as moved by Commissioner Starr, seconded by Commissioner Smith, that the
Planning Con~ission recommends to the City Council the adoption of Parts 1 and 2
of the Housing Element to fulfill the State requirement, amended to include the
recommendations made by Mr. Ken Kolk of the Chamber of Commerce.
Commissioner Rudolph pointed out that there had been discussion and apparent
agreement cF: including a statement that the City would investigate the use of
all available State and Federal subsidies.
Commissioner Starr amended the motion, with concurrence by Commissioner Smith,
to include the statement under Section C of the Action Program that, "The City
of Chula Vista shall actively seek State and Federal subsidies f~r middle and
low income housing."
The motion, as amended, carried by the following vote:
AYES: Commissioners Starr, Smith, Rice, Pressutti, Floto and Chandler
NOES: Commissioner Rudolph
MSUC (Smith-Rudolph) The Commission requests that the staff work with Mr. Hunt
and respond to his comments on some of the fees in the inner city possibly not
being necessary, also to respond to the BCAIs letter on similar subjects, and
prepare a report which might become the basis of a revision for this Uousing
Element to be brought up at the appropriate time in the next few months.
Commissioner Pressutti asked how much work or time tile mandate directed by the
previous motion will entail.
Director of Planning Peterson advised that the amendments to the ~tousing Element
as included in the motion for adoption would not require extensive effort, but
to respond to Commissioner Smith's recommendation for a report would involve
considerable work. He noted that he would feel the obligation to inform the
Council of this motion when the ~lousing Element is before them and get their
reaction before embarking on a study of that magnitude.
Commissioner Rudolph expressed her desire to send a minority report on this
Housing Elmlent to the City Council.
8. PUBLIC t~EARING:(Cont.): Consideration of Public Building Element of the
Gen~al Plan
Senior Planner Pass advised that the Public Building Plan is not a mandated
one but a permitted element. State law provides that any City or County may
adopt a Public Building Element. The City Council has directed that a Public
Building Element be prepared, to provide for the orderly location and arrangement
of public buildings and a program under which capital expenditures could be gauged
to the physical growth and development and the needs manifested thereby.
-lO- May 14, 1975
Mr. Pass pointed out that the Environmental Review Committee issued a Negative
Declaration on January 16, 1975 which expresses that the proposed element would
not have a substantial negative or adverse impact upon the community.
Mr. Pass reported that the element includes the municipal administration facilities,
the library, police station, central fire station, South Bay Judicial facilities,
and states that the City will encourage Federal, State, County and regional
administrative agencies that locate within this municipality to locate in the
urban core, or Civic Center area.
He noted that the plan for the Civic Center is based upon the Knight-Gladieux Plan,
adopted by the City Council in October, 1968, as amended by Phase II plans of
Architect Richard G. ~Jheeler, approved in April, 1970. He pointed out that
the element emphasizes the need for ample offstreet parking in connection with
all public buildings.
Mr. Pass reviewed the statements of policy relating to the Library, Police
facilities, Fire facilities, Public Hospital facilities, Religious facilities,
and School facilities.
Mr. Pass expressed the opinion that this element is a worthwhile addition to
the comprehensive General Plan of the City of Chula Vista and recommended its
adoption.
Chairman Chandler opened the public hearing and as no one wished to speak, the
public hearing was closed.
Commissioner Rudolph commented that she agreed, in looking at this element of
the General Plan, that it should be a general document and not get too specific.
MSUC (Rudolph-Pressutti) The Commission finds that in accordance with the Negative
Declaration on IS-75-4 and the findings therein, the Public Building Element of the
Chula Vista General Plan will not have any possible significant impact on the
environment; and certifies that the Negative Declaration has been prepared in
accordance with CEQA, 1970 as amended.
MSUC (Rudolph-Floto) Recommend to the City Council the adoption of the Public
Building Element of the General Plan as presented.
Commissioner Smith pointed out that this element contains no provision for a
Public Works Yard, and he felt consideration should be given to providing such
a yard in the eastern end of the city.
Senior Planner Pass advised that this matter has been discussed with the Public
Works Director who indicated that they would be using the Parks Department yards
for servicing the eastern end of the city for many years to come, and until the
population increases to over 100,000 they will not require a new facility. ~e
pointed out, however, that this plan is limited to public buildings.
ORAL COIIMUNICATIONS
Marion Hunt raised a question concerning the possible redevelopment of R-3 zoned
-ll- May 14, 1975
property in the core of the city under a PUD plan, which would require a zone
change. He expressed concern over the requirement established by State Law
that zoning must be in conformance with the General Plan and the limitation of
three times a year for considering revisions to the General Plan.
Mr. Peterson pointed out that a rezoning to PUD would not necessarily require a
General Plan amendment and that this would be determined by the existing General
Plan designation and a given development proposal. If Mr. Hunt has any particular
properties in mind, he'd be pleased to discuss them with him, but this is not a
matter for consideration by the Planning Commission at this time.
It was suggested that this matter be pursued with the staff by the advisory
committee which Mr. Hunt had earlier suggested.
DIRECTOR'S REPORT
Director of Planning Peterson advised that the study session for next week is
scheduled for 5:00 p.m. to be followed by dinner.
COMMISSION COMMENTS
Commissioner Rice commented on the deletions recommended by the City Manager from
the budget request of the Planning Commission. He suggested that Chairman Chandler
go to the Council to request approval of the full budget request.
He again called attention to the deterioration of the parking lot of the shopping
center at Hilltop and Naples. He asserted that the paving has actually become a
hazard and the City should take action to assure that permanent corrective measures
are taken at this lot.
ADJOURNMENT
Chairman Chandler adjourned the meeting at 9:55 p.m.
Respectfully submitted,
Helen Mapes
Secretary