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HomeMy WebLinkAboutPlanning Comm min 1975/04/09 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMISSION OF CHULA VISTA, CALIFORNIA April 9, 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, Floto, Pressutti, Smith and Starr. Absent (with previous notification): Commissioner Rice. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Associate Planner Quinney, Senior Civil Engineer Harshman, Assistant City Attorney Beam, and Secretary l~lapes. The pledge of allegiance to the flag was led by Chairman Chandler followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Rudolph-Floto) The minutes of the meeting of March 26, 1975, be approved as written. ORAL COMMUNICATIONS The Chairman called for oral communications and none were presented. 1. PUBLIC HEARING (Cont.): Environmental Impact Report EIR-75-1 on Community Block Grant Program Director of Planning Peterson asked that this hearing be continued to the meeting of April 23rd. MSUC (Rudolph-Starr) The public hearing in consideration of EIR-75-1 be continued to the meeting of April 23, 1975. 2. PUBLIC HEARING (Cont.): Conditional Use Permit PCC-75-2 to construct Insurance Office and Visitor's Information Center in Flood Plain, northwest quadrant of Bonita Road and I-805, Creaser-Price Ins. Agency, Inc. Current Planning Supervisor Lee pointed out the location of a one acre parcel at the intersection of 1-805 and Bonita Road, which lies within the Sweetwater flood plain and thus requires approval of a conditional use permit for develop- ment. He also noted that the established lO0-year flood level at this location is 42.2 feet, and the proposed plan sho~¢s the finished floor level of the structure at 42.4 feet. The Commission previously approved development of the adjacent 2½ acre site. i,lr. Lee asked the Commission to correct recommended condition 2 b to show the 100 year flood plain at 42.2 feet, also to delete the requirement for construction of a center island median in Bonita Road under condition 2 c, and to delete the requirement for undergrounding existing overhead utilities since there are no lines parallel to Bonita Road. -2- April 9, 1975 Chairman Chandler opened the public hearing. Mr. Phil Creaser, 333 Hilltop Drive, spoke briefly of the type and volume of business which they hope to generate at this location in coordination with the Chula Vista Visitors Bureau, if they have the type of sign necessary to attract the freeway traveler. He expressed concurrence with the conditions recommended for approval of the conditional use permit and indicated he wished to speak further on the sign problem under discussion of the Precise Plan. Hr. Ted Bell, vice-president of Chula Vista Visitors Bureau, also spoke of the benefits to the business community from having their facility located at this freeway interchange, and confirmed it is paramount to have sufficient signing in order to get as many motorists as possible off the freeway. As no one else wished to speak the public hearing was closed. HSUC (Rudolph-Pressutti) The Commission finds that in accordance with the Negative Declaration as issued and the findings therein, the Creaser-Price request PCC-75-2 to construct a 1000 sq. ft. building in the Sweetwater Flood Plain 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 an]ended. IISUC (Pressutti-Floto) Based on the findings as stated in the staff report, The Planning Commission adopts REsolution PCC-75-2 to permit the construction of a 1,O00 sq. ft. building for an insurance office and visitors center on property located in the flood plain at the northwest quadrant of 1-805 and Bonita Road, subject to the following conditions: 1. Development of the property shall be in accordance with an approved Precise Plan. 2. The building pad shall be placed at or above the 100 year flood plain or at elevation 42.2 feet minimum. 3. The applicant shall prepare improvement plans, obtain necessary pem~its, and construct public street improvements consisting of curb and gutter, sidewalk, driveway approaches, pavement, drainage facilities and ornamental street lights; all work to conform to the City of Chula Vista standards; and all plans shall be submitted for approval by the City Engineer. 4. The applicant shall provide the City with evidence that the proposed site is a legal lot; if not, the applicant shall comply with City regulations and applicable provisions of the State Map Act. 3. Consideration of Precise Plan for development of propert~ in C-V-P-F zone at northwest quadrant of Bonita Road and 1-805, Creaser-Price Insurance A~ency, Inc. Current Planning Supervisor Lee advised that the proposed plan does conform to the guidelines established in the prezoning in 1972. The building contains approximately 1,000 sq. ft., and is basically Spanish architecture constructed of slumpstone block and concrete tile. He pointed out that the applicant proposed wall signs on the building which conform to tile ordinance; also a ground or monument sign adjacent to Bonita Road, in conformance with the ordinance. In addition he is proposing a 40 ft. high, 192 sq. ft. freeway identification sign to be located in the northeast corner of the property. Both the height and area of the proposed freestanding sign -3- April 9, 1975 exceed the limitations established by the newly adopted sign provision amendment to the Zoning Ordinance. Mr. Lee pointed out that under the "P" Precise Plan Modifying District the Commission has some flexibility in approving necessary signs. Since both this property and the adjacent parcel will have freeway oriented businesses, the staff has attempted to work out a coordinated sign program for freeway identification. Under this plan it is suggested that Creaser-Price obtain permission to temporarily erect a 28 ft. high, 100 sq. ft. sign at the northwest corner of the adjacent property (the point nearest the freeway offramp) which, upon construction of the proposed motel, would be relocated on the end of the motel building along with the motel and service station signs. }te noted that prior to this meeting the two owners had not reached an agreement. Failing that, the staff feels the freestanding sign should be denied since it could start a dangerous precedent for freestanding signs at one of the gateways to the City. iqr. Lee called attention to the conditions recommended for approval of the Precise Plan, and noted that again the requirement for a center island median should be deleted, and that the condition for deferral of undergrounding the 12 KV distribution line should be changed to a waiver of this requirement. Mr. Lee also recommended the addition of an eighth condition to require that the easterly driveway be designated for ingress only and the westerly driveway on this property be designated for egress only until such time as the main access on the adjacent parcel is installed to permit traffic from this site to exit opposite Bonita Glen Drive, at ~hich time the westerly drive on this property would also be designated for ingress only. Commissioner Starr questioned the advisability of placing four separately designed signs on the end of the motel building. ~,lr. Lee advised this proposal was based on the construction of a four story motel, which it was felt would accommodate that amount of signage. However, the day before this meeting, the owner of that property presented plans for a two story motel, and the signs have not been related to such a structure. ~.lr. Phil Creaser again discussed the importance of having freeway identification for this type of business, and due to the length of the offramp, it was determined that 48" letters would be required in order to be readable at a great enough distance to permit motorists to exit safely at this interchange. He advised that they cut the wording of the proposed sign down to the minimum to read "Mex Insur" which could be accommodated in a 192 sq. ft. area. Due to the elevation of the property as compared to the freeway, 40 ft. height is necessary. Mr. Creaser reported that he had attempted to reach an agreement for a sign program with the adjacent property owner but had been unable to do so because that property owner does not have his plans finalized. Failing that, he is requesting Planning Commission approval of his signs as proposed. -4- April 9, 1975 Mr. Ted Bell again spoke of the benefit which accrues to the entire business community of Chula Vista if motorists can be attracted to the Visitors Information Center. In response to a question, he advised that their freeway signing will consist of a small sign placed by the State H~ghway Department which says "Visitor Information." Their portion of the proposed building will then be identified by wall signs and "Tourist Information" would be included on the ground monument sign. Jerry Bates of California Neon Products reported that his firm conducted the survey which resulted in the determination that 4 ft. letters would be necessary to be readable at a sufficient distance by motorists on the freeway. He confirmed that the sign could not be placed at the northwesterly corner of this property due to a conflict with power lines; it is therefore proposed to place the sign in the northeast corner of the property. Mr. Don O'Neal, representing the developer of the adjacent site, spoke of the time and money spent over many months in attempting to design a plan for a viable development at this location. Their latest plan is a design for a two story, 77 unit motel, which would necessitate building over to their east property line. In order to permit traffic circulation around the building, he asked that the 24 ft. driveway required on the Creaser property be extended all the way to the north property line, at the freeway right of way line. He asked that the Precise Plan for the Ilex Insur Agency be approved ~ith the stipulation that this extra length of driveway easement be provided. He displayed a development plan to show how this could be accommodated. After some discussion of this proposal by the Planning Commission, Assistant City Attorney Beam pointed out that the requested driveway easement is not a requirement of the plan of record for the 2½ acre parcel and, therefore, is not gemlane to the consideration of the Precise Plan for the Creaser property. MSC (Floto-Smith) Adopt Resolution PCM-75-2 recommending that the City Council approve the Precise Plan for the Flex Insur Agency/Visitors Information Center located at the northwest quadrant of 1-805 and Bonita Road, subject to the following conditions: 1. The site plan for development, including architectural elevations, location of signs, and landscaped and parking areas, shall conform to Exhibits "A" and "B", attached. 2. Grading of the site shall conform to conditional use permit PCC-75-2. 3. Signs shall include the following: a. Wall mounted signs as shown on Exhibit "D". b. Ground monument sign as shown on Exhibit "C'~, including: 1) "Mex Insur" copy of 2'8" x 14'. (Logo shall not include "~qex Insur" at the top.) 2) "Tourist Information" copy of l' x 12~ 3) Slump block monument base to match the building materials. -5- April 9, 1975 c. Freestanding sign as shown on Exhibit "D", including 40 ft. height, 192 sq. ft. area, and 48" high letters. 4. Complete landscaping and irrigation plans shall be submitted with the site plan and shall be coordinated with the frontage to be landscaped by Cal Trans. Cal Trans plans for plant materials, by type and location, shall be shown on the plans. 5. Building architecture shall be approved in conjunction with approval of the detailed building plans. 6. The applicant shall prepare improvement plans, obtain necessary permits, and construct public street improvements consisting of curb and gutter, sidewalk, driveway approaches, pavement, drainage facilities and ornamental street lights. All work is to conform to the City of Chula Vista standards. All plans for public improvements shall be submitted for approval by the City Engineer. 7. The applicant shall underground all onsite utilities, with the exception of the 12 KV distribution line, for which a waiver may be requested by separate action. 8. Parking on Bonita Road shall be prohibited in front of the subject property. 9. The easterly driveway as shown on Exhibit "A" shall be designated for "Ingress only." The westerly driveway of this property shall be designated for "Egress only" until such time as the adjoining development to the west completes the necessary access to allow traffic to exit opposite Bonita Glen Drive; at such time of completion, this driveway will be designated for "Ingress only." 10. As shown on Exhibit "A" the applicant shall grant an easement, 24 feet wide, for access purposes, extending from Bonita Road to the north side of the east-west access which abuts the westerly property line of this parcel. The motion carried by the followin vote: AYES: Commissioners Floto, Smith, Nudolph and Pressutti NOES: Commissioners Chandler and Starr ABSENT: Commissioner Rice 4. PUBLIC HEARING: Conditional Use Permit PCC-75-5 - Request to construct electrical components mahufactu~in~ plant in I-L-F zon~ on south side of TroUsd~le Drive between Fourth AvenU6 and North Glover -Lund & Fl~nn Co. Director of Planning Peterson reported this is a proposal for a 9,000 sq. ft. industrial plant on a 1/2 acre parcel on the south side of Trousdale Drive near the future extension of Brisbane Street. This use is a principal permitted use in the I-L zone but because it is within the flood plain a conditional use -6- - April 9, 1975 permit is required. He noted that under a 100 year frequency storm the site would be inundated to a depth of 4 feet, although the site would be out of the main flow of storm waters and would be affected by backwater only. Conditions are recommended which would render the building floodproof up to the 4 ft. depth. He pointed out that if the flood control project on the Sweetwater River is completed this flooding danger would be removed. ~qr. Peterson called attention to the findings for approval of the request and suggested that an addition be made to the finding related to health, safety and general welfare to note that the conditions of approval requiring flood- proofing of the building assist in meeting this finding. He further suggested that in the conditions of approval, the condition relating to parking on the west side of the building be reworded to state that the applicant may move the parking 10 feet to the west, and an additional condition be added to require that at the time of the realignment of Brisbane Street, the applicant shall provide access to Brisbane at the request of the City, and the applicant shall landscape the right of way area between his west property line and the sidewalk in accordance with the Landscape Hanual. This being the time and place as advertised, the public hearing was opened. Paul Flynn, one of the owners of the Lund& Flynn Company, spoke of the growth of their company which has resulted in overcrowding and the need to find a site for a larger facility to accommodate an increased personnel to 35 persons. He expressed concurrence with the conditions recommended in the staff report and as modified by the Director of Planning to postpone landscaping on the west side until Brisbane Street is constructed. As no one else wished to speak, the public hearing was closed. IqSUC (Pressutti-Rudolph) The Commission finds that in accordance with the Negative Declaration as issued and the findings therein that PCC-75-5 will not have any possible significant impact, and certifies that the Negative Declaration has been prepared in accordance with CEQA 1970, as amended. MSUC (Rudolph-Starr) Based on the findings as stated in the staff report and amended by the Director of Planning, the Planning Commission adopts resolution PCC-75-5 to allow construction of an electrical components manufacturing plant south of Trousdale Drive, 340' east of Fourth Avenue, subject to the following conditions: 1. The 3 parcels shall be consolidated by a Plat Admustment Map. 2. The site plan shall be revised to show the correct 8' distance from the northerly property line to the curb line, and to show the 5.5' sidewalk. 3. The site plan may be revised to move the parking on the west side, 10 feet west to the property line. 4. The building shall be floodproofed as follows: a. Exterior walls and interior bearing walls shall be constructed of reinforced concrete, reinforced masonry or exposed metal construction to six inches minimum above the 100 year flood level. -7- April 9, 1975 b. Concealed electrical wiring shall be installed six inches minimum above the 100 year flood level. c. Electrical devices, fixtures, motors, etc., installed below a line six inches above the 100 year year flood level, shall be of a type not adversely affected by immersion in water. d. Building sewer shall be constructed of materials approved for use in the building drain. e. Where plumbing fixtures whose flood level rim is located below a line six inches above the 100 year flood level are installed, an approved manual valve in the building drain or building sewer shall be provided. Water supply to such fixtures shall be provided with vacuum breakers located six inches above the 100 year flood level. f. All ducts and other protions of air handling and mechanical systems shall be six inches minimum above the 100 year flood level. g. Fuel gas piping below the 100 year flood level shall be approved for installation below grade. All valves, regulators, and connectors shall be six inches minimum above the 100 year flood leve. 5. A one hour type construction for the east wall of the building is required. 6. Development of the property is subject to site plan and architectural review; requirements can be obtained from the Planning Department. 7. The applicant shall dedicate additional property at the southeast corner of Trousdale and Brisbane to provide for a property line radius. 8. All onsite utilities shall be placed underground. 9. The applicant shall agree not to oppose the formation of any under- grounding district established for the purpose of undergrounding existing utility lines within the public right of way. 10. The applicant shall, at the time of construction of Brisbane Street, provide access to Brisbane Street at the request of the City. At such time, if there is any portion of the right of way fronting along Brisbane Street, lying easterly of the constructed sidewalk, the applicant shall landscape and irrigate said right of way in accordance with the Landscape Manual. 5. PUBLIC HEARING: C~nsideration of Tentative Subdivision Map PCS-75-1 for ~III~P ~t~, ~rth of TelegraPh Can~n Road betweeh ~ 'v a d I-8D5. Current Planning Supervisor Lee indicated the location of the 42 acre site located on the north side of Telegraph Canyon Road, west of Nacion, which the applicant proposes to subdivide into 162 lots. He pointed out the lots which would be less than 7,000 sq. ft. in area, totalling about 30% of the development area, as allowed by ordinance. April 9, 1975 He noted the provision for pedestrian access through the development to Melrose Avenue with steps to accommodate the elevation of the slope and with a crossing over the drainage channel and Telegraph Canyon Road. It is proposed to place the landscaped slopes adjacent to Telegraph Canyon Road in an Open Space I'~aintenance District to assure continued maintenance of the area. Iqr. Lee reported that the major disagreement between the developer and the staff concerns the lots shown fronting on Nacion Avenue, which will be facing the C-V-P zoned property to the east of Nacion. At the staff's Suggestion, the developer redesigned the project so that lots side on Nacion, rather than fronting on that street, with the exception of the three northernmost lots on Nacion. Hr. Lee referred to designs prepared by the staff which would result in no lots facing Nacion, but the developer has not concurred with this proposed design. ~lr. Lee discussed the fencing which the developer proposed to use at the back of those lots adjacent to the drainage channel, as well as at the end of the cul de sac with a terminus at the channel. The developer proposes to use a 4' high block wall at the top of the slope for those lots at a higher elevation than Telegraph Canyon, and chainlink fencing for those lots at approximately the same elevation as the road. The staff recommends a 6' high solid wall (either block or combination of block pilasters and wood) for all lots backing up to Telegraph Canyon Road or siding upon Nacion Avenue. l,lr. Lee called attention to the findings in the staff report of the conformance of this project to the various elements of the General Plan, including the Bicycle Routes Element since a bike path will be provided in the public right of way on both sides of Telegraph Canyon Road. In response to a question raised by Commissioner Pressutti, ~r. Lee discussed the park land requirements of this park service district. Although the Parks Element indicates a need for a total of 46 acres of community park land, and Hilltop- Telegraph Canyon Park contains about ll acres, it is the staff's recommendation that the assessment of in-lieu fees would be more advantageous than requiring the dedication of another 1.2 acres from this development. This being the time and place as advertised, the public hearing was opened. James Ashbaugh of George Nolte and Associates, 8333 Clairmont I.~esa Blvd. discussed the project, pointing out their concern with regard to the lots adjacent to Nacion Avenue. He advised their original idea was that having the lots front on ~lacion would provide more privacy and reduce the noise in the rear yards for the residents' enjoyment. Redesigning the project to eliminate frontage on ~lacion as much as possible resulted in two less lots which could help bear the cost of offsite improvements. He also discussed the proposed fencing, pointing out that a 4' solid fence provides visual openness to a back- yard that isn't available with a 6' fence. About 3,000 feet of decorative wall will be required, and permitting it to be 4' instead of a 6' would lower the cost. - tqr. Ashbaugh requested that the Commission approve the map as designed, which would delete condition 2 a of the staff recommendation, and modify the condition relative to the height of fencing to peri, it 4' high fence along the rear of lots 36 through 162. Mr. Ashbaugh confirmed that it was their intention to provide the oedestrian access to ~elrose at the location of the water line easement -9- April 9, 1975 Darryl Robbins, 488 Elm Avenue, expressed the opinion that the density of the proposed development does not comply with the present natural contours of the site and the proposed grading does not comply with the provisions of the Hillside Modifying Ordinance in that the land form will be modeled to suit the development rather than reflecting a resemblance to the present contours. He pointed out there are aspects regarding future impacts of this development which should be given thorough investigation. These include flood impact downstream, generated by street and rooftop runoff, to areas such as the Hilltop-Telegraph Canyon Park and streamside residences; capability of present sewage lines to handle increased volume generated by this project; overload of facilities at Hilltop-Telegraph Canyon Park; impact on neighborhood schools; effect of proposed grading on the southern perimeter of existing lots bordering this canyon area. He felt these impacts should be carefully scrutinized before considering the plan. As no one else wished to speak, the public hearing was closed. At Commissioner Rudolph's request, Mr. Lee responded to the questions raised by Hr. Robbins. He advised that with regard to undermining existing lots to the north by grading, that would be carefully scrutinized by the Public Works Depart- ment to insure the stability of slope banks. The question of sewer capacity was covered in the Environmental Impact Report which was based on a 260 unit develop- ment on this property, which is considerably higher than the density now proposed. The availability of school facilities was also previously addressed. With regard to the question of nonconformance with the Hillside ~lodifying Ordinance, l~r. Lee advised it was Council's decision not to apply the "H" District to any property west of 1-805; therefore, it is covered only by the R-1 zoning regulations. The proposed density is also lower than the density permitted in the R-1 zone due to the topography. Commissioner Pressutti pointed out there appears to be only two real issues between the Planning Department and the applicant; one relating to the three lots fronting on Nacion, and the other to the height of the fence. ~e felt the developer had presented a supportable point of view with regard to placing the rear yard area away from the street to provide a private and more quiet area for the family's enjo~mlent. Commissioner Rudolph pointed out that the three lots at the upper end of Nacion would be opposite the end of the commercial development and, thus, away from the heaviest activity of that development. Commissioner Smith requested that in item 8 of the engineering requirements the figure of 3,011CFS as it refers to the 50-year ultimate flow of flood water be deleted since this Commission is not knowledgeable in that field. He suggested that the words "as determined by the City Engineer" be used instead of the measurement figure. Senior Civil Engineer Harshman indicated the change would be acceptable to the Engineering Division. Commissioner Rudolph urged that the bicycle lane on Telegraph Canyon Road be divided from the vehicular traffic lane. She felt the proposed design does not provide adequate safety for bicycle riders. ~Ir. Ashbaugh advised that three or four bike path designs were considered by the Planning and Engineering Departments. The original plan combined the bike -10- April 9, 1975 path and sidewalk on a 10' wide paved strip. After considerable review of all plans submitted the staff had approved the present plan for a 6' bike path at each side of the road, with a 14' wide vehicular traffic lane in each direction. The plan also prohibits any parking along Telegraph Canyon Road to keep the bike path unobstructed. MSUC (Rudolph-Pressutti) The Commission certifies that EIR-74-1 was prepared in accordance with CEQA 1970, as amended, and that the findings therein were considered in approving the tentative map. MS (Rudolph-Starr) Based on the findings offered by the staff regarding consistency with the General Plan Elements, the Planning Commission recommends that the City Council approve tentative map PCS-75-1 for ~tilltop Vista, subject to the conditions of staff with the deletion of item 2 a, the flow capacity of drainage structures as suggested by Commissioner Smith, with the 4' fence at the rear of lots as proposed by the developer, and that the bicycle path be separated from the vehicular street. I.Ir. Lee discussed possible designs to accommodate a separate bike path and asked for guidance from the Commission as to the design they uould prefer. He also pointed out problems in terms of a 4' fence which would not provide adequate protection for people adjacent to the drainage structure, also the fact that anyone who builds a swimming pool must have a 5' high fence. He recommended that the Commission require a minimum 5' high wall to avoid that problem. Mr. Harshman discussed the safety factor which results from a two-way bike lane, or combination of pedestrian path and bicycle path. He expressed the opinion that with no parking along Telegraph Canyon Road, the bicycle path outside the travel lane of the street is as safe as either of the other two alternatives. Commissioner Rudolph stipulated that it be a one-way bicycle path separated in some manner from all other modes of travel. She also amended her motion to require a 5' high block wall. The amendment was seconded by Commissioner Start. The motion carried by the following vote, to-wit: AYES: Rudolph, Starr, Floto and Smith NOES: Chandler ABSTAIN: Pressutti ABSENT: Rice Chairman Chandler explained that he voted "no" because he was not in accord with the bicycle path portion of the motion; he felt the original design was okay. 6. PUBLIC HEARING: PCZ-75-C - Prezone and rezone approximatel~ 4 acres on the south side of KennedS str~t (200 block~ from R-3 (Count~) ah~ R-3-G to R-3-11, ~ichael D. Ba~o and Thin, as il. Lococo Director of Planning Peterson explained that the applicant is interested in developing property partially in the County and zoned R-3 and partially in the City, zoned R-3-G. Under the existing zoning 71 units would be allowed. Under the proposed zoning of R-3-M 69 units would be allowed. ~e noted that the adjacent zoning and General Plan designation is for high density residential use. -ll- April 9, 1975 He recommended zoning the property to R-3-11 with the "P" District attached so the Commission can review a proposed development plan with an aim of providing a buffer between the commercial use to the west and also protecting the single family homes on Second Avenue from an undesirable impact of this higher density use. This being the time and place as advertised, the public hearing was opened. James Patten, 580 Third Avenue, representing the owner and applicant, advised that they have reviewed the recommendation of the staff and concur with it. MSUC (Rudolph-Smith) The Commission finds that in accordance with the Negative Declaration as issued and the findings therein, the prezoning and rezoning of 3.41 acres of property on Kenneth Street, west of Second Avenue, from R-3 (County) and R-3-G to R-3-M-P will not have any possible significant impact on the environ- ment; and certifies that the Negative Declaration has been prepared in accordance with CEQA 1970, as amended. MSUC (Pressutti-Rudolph) Based on the findings as stated in the staff report, the Commission adopts resolution PCZ-75-C recommending that the City Council approve the prezoning of 1.59 acres (presently zoned R-3 in the County) and the rezoning of 1.82 acres (zoned R-3-G in the City) to R-3-11-P, with development of the property to be subject to an approved Precise Plan conforming to the following requirements: a. The west side of the property shall be predominantly used for parking and a driveway. b. The project shall be designed to minimize its effect on the adjoining single family residents to the east by utilization of landscaping, fencing and building setback and separation. c. Precise Plan approval shall be subject to evidence that the three lots have been legally created, and are consolidated by a Plat Adjustment Hap. 7. Consideration of Bajo-Lococo Annexation of 1.59 acres on south side of Kennedy Street between Second and Third Avenues. Director of Planning Peterson advised that the required actions are to certify the Negative Declaration and adopt a motion approving the boundaries of the annexation so that the staff can file the petition with the Local Agency Formation Conlmission. As indicated in the staff report other departments in the City have affirmed their ability to provide necessary services to this property. ~SUC (Rudolph-Pressutti) The Commission finds that in accordance with the Negative Declaration as issued and the findings therein, the proposed annexation will not have any possible significant impact on the environment, and certifies that the Negative Declaration has been prepared in accordance with the California Environ- mental Quality Act of 1970, as amended. MSUC (Rudolph-Smith) The Commission approves the boundaries of the annexation as proposed, including the southerly portion of Kennedy Street adjacent to the property, and authorizes the staff to file the application with the Local Agency Formation Commission. -12- April 9, 1975 8. PUBLIC HEARING: Conditional Use Pemlit PCC-75-6 - Request to mperate electrical contractor's office and storage in C-T zone at 590 Arizona Street, patrick Bara~as Current Planning Supervisor Lee advised that the proposed structure to house an electrical contractor's office and storage facility requires a conditional use permit in the C-T zone. The proposed site has 60 ft. frontage on Arizona Street and a 20' drainage easement in the rear. The proposed use would be compatible with adjacent land use in the area. The plan includes sufficient parking spaces and landscaping. The staff recommends approval of the application subject to the con- ditions contained in the staff report. This being the time and place as advertised, the public hearing was opened. Patrick Barajas expressed agreement with the conditions set forth. As no one else wished to speak the public hearing was closed. MSUC (Floto-Pressutti) The Commission finds that in accordance with the Negative Declaration as issued and the findings therein conditional use permit PCC-75-6 will not have any possible environmental impact, and certifies that the Negative Declaration has been prepared in accordance with CEQA 1970, as amended. ~ISUC (Floto-Pressutti) Based on the findings as stated in the staff report, the Planning Commission adopts resolution PCC-75-6 to allow an electrical contractor's office and storage building in the C-T zone at 590 Arizona Street, subject to the following conditions: a. Development of the property shall be subject to site plan and archi- tectural review. b. A 5' wide planter shall be located at tile north end of the building, resulting in a reduction of the ~vesterly planter adjacent to Arizona Street from 15' to 10' in width. c. The owner shall grade the existing drainage channel and provide necessary drainage easements as required by the Director of Public Works. The anticipated easement width will vary from 20' at the westerly side of the property to 30' at the easterly side. The Engineering Department will work with the owner's engineer in determining the precise alignment, grade, and cross-section for the channel. (Addition to Item 7) Director of Planning Peterson advised that going back to the action on the annexation of property on Kennedy Street, it was the intent of the staff to include the entire street right of way of Kennedy Street within the boundaries of the annexation. MSUC (Rudolph-Pressutti) The Commission shall reconsider the boundaries of the annexation proposed by Michael D. Bajo and Thomas N. Lococo. The motion carried by the following vote: AYES: Commissioners Rudolph, Pressutti, Chandler, Starr and Floto NOES: Commisioner Smith ABSENT: Commissioner Rice -13- April 9, 1975 - MSC (Rudolph-Pressutti) The previous motion regarding approval of the boundaries of the annexation be amended to include the entire right of way width of Kennedy Street. The motion carried by the following vote: AYES: Commissioners Rudolph, Pressutti, Chandler, Starr and Floto NOES: Commissioner Smith ABSENT: Commissioner Rice 9. PUBLIC HEARING: Consideration of amendment to Zoning Ordinance relating to regulation of HAM Antennas Director of Planning Peterson advised that at the present time Ham antennas are not regulated by the Zoning Ordinance. From time to time the City has had complaints about ~am antennas. The volume of complaints is not large as compared to the number of Hams in the community, but in response to one of the complaints the City Council asked the Planning Department to address the possible regulation of the antennas. He reported that the matters brought to the City's attention have been two fold: one addressed the issue of electrical interference with radios, TV reception, telephones and other electronic equipment in one case, and the other issue has to do with aesthetics--considerations relating to the size, configuration and location of the antennas in relation to adjacent properties. He noted that the City has no jurisdiction on the matter of electrical interference, which come under the licensing and jurisdiction of the F.C.C.; but the City does have jurisdiction over the height, configuration and location of visual obstructions. He reported that the staff research indicates that an antenna 50' in the air, with a boom length of 21' and element length not to exceed 36' is a reasonable, usable size. An ordinace has been drafted that would allow an antenna of that size as a matter of right in residential zones. If the antenna exceeds those dimensions or occupies more than 15% of the area of the lot, that would not be allowed as a principal use in the R-1 zone but would require a conditional use permit. Volumetric antennas (those having more than one plane, including cubica~quad and vertical beam antennas) would also require Commission approval of a conditional use permit in each case. It is also recommended that no portion of an antenna or its supporting structure shall be located closer than 20' to the property line. Objections to this restriction have been presented, and if testimony is offered as a basis for refining that requirement, it would be reasonable to do so. Mr. Peterson reported that there are approximately 225 Ham antennas in the City and slides have been made of several of them for presentation to the Commission. It has not been determined how many of the existing antennas would come within the proposed restrictions and not require a conditional use permit. Associate Planner Quinney showed a number of slides of antenna installations in Chula Vista to show the different types of antennas used and the size as compared to TV antennas. ~hile actual height measurements were not available, it was reported that the heights ranged from 40' to 80'. This being the time and place as advertised, the public hearing was opened. -14- April 9, 1975 Cy Huvar, 105 Jamul Avenue, advised that he has been a licensed radio operator for 27 years, is an elected official of the American Radio Relay League and is the Section Communication I.lanager for the San Diego Section, which includes 4,000 amateurs in San Diego and Imperial Counties. }te quoted from a report from the Federal Communications Commission that, "The total number of United States amateur licensees has shown a generally steady growth from 1948 until about 1970; since then there has been a levelling off or decline, which has concerned some amateurs.'~ Mr. Huvar pointed out that most cities place no rest~ction on the height or size of amateur antennas. He advised that the 50' height limitation as proposed does not conform to most tower specifications; which are built in the following heights: 37', 54', 71', 88' and up to 105'. He also felt that restricting the horizontal plane area to 15% of the lot is too restrictive, since many lots are as small as 5,000 sq. ft. and could not meet those requirements. He also pointed out that in order to observe a 20' setback, it would require a lot 76' wide. Mr. Huvar expressed the opinion that the requirement of a conditional use permit as proposed would completely stifle the amateur operator from experimenting or developing antennas for the future, due to the cost of obtaining such a permit. He contended that the amendment discriminates against transmitting operators, since it states, radio transmitting towers and antennas, and does not apply to receiving antennas. ~e urged the Commission to disapprove the proposed amendment. Leonard E. Babin, 734 ~ionterey, reported he has been an amateur radio operator for 26 years, and is presently employed by the Navy, in charge of all high powered radio transmitters for the Navy throughout the world. Speaking as a representative of the American Radio Relay League, he proposed that the City of Chula Vista establish an advisory board to assist the Planning Department in preparing a workable, viable solution. He advised that the size and height limitations as proposed would not permit efficient operation. He indicated a 60' height ~ould be the minimum at which a cubical quad antenna could operate. He suggested that a committee composed of 3 members of the amateur operators and 3 members of Citizen Band operators submit recommendations to the Planning Department for an ordinance with which they could comply in this area. Bernard Bernes, 935 Club View Terrace, raised objection to the supposition that the proposed amendment is necessary to control visual clutter created by antennas. He contended that far greater visual clutter results from public utility wires, TV antennas, advertising billboards,land bulky structures, such as water tanks. He suggested that an antenna 50 or 60 feet in the air is not as readily noticed as structures at a lower height. ~e expressed the opinion that the proposed ordinance is discriminatory since it single out a group whose services are greatly needed. He questioned the legality of such an ordinance. Jolene K. MacPherson, 427 Corte Maria, advised that she has been a year and a half in trying to resolve a problem which she feels does exist. She indicated that she would have no objection to most of the antennas shows in the slides, but there are now three large antennas visible from her back yard. She advised that contrary to the statement made by an earlier speaker that the amateur operators police their own activity and that no interference problem exists; he asserted he still has an interference problem. She reported the interference occurs when her neighbor transmits at high power. She acknowledged the good points -- -15- April 9, 1975 of Ham operators and that they do render a service to the community. She pointed out, however, that 40,000 complaints were registered with the F.C.C. in 1973 on exactly the same type of interference which she experiences. Richard Rhoades, 428 llinot, contended that amateur transmitting is sufficiently regulated under the F.C.C., and need not be controlled by local agencies. He felt a local ordinance is not necessary. He advised that a survey he had made of the town revealed that most of the towers are constructed in conformance with building standards and are generally of lov~ visibility from the sorrounding area. He expressed support of forming a committee as suggested by Mr. Babin to investigate complaints, and act as arbitrators. Bill Hare, 1441 Aries Court, expressed the opinion it is discriminatory to list transmitting antennas only, and not include receiving antennas. He advised that the higher the transmitting antenna is, the less chance there is of getting radio frequency interference, and that limiting the height v~ould further increase such interference. He suggested that if an ordinance is adopted, it should address safety of installation, and require that towers conform to the bulding code. Ue advised that the frequency band at which a person operates affects the size of antenna required. He pointed out the wide range of services rendered by amateur operators, and that many amateurs operate on more than one band. Charles Crain, 368 San Iqiguel Drive, expressed the opinion that a change in the present law is not necessary. He felt the proposal was the result of a single incident which was blown out of proportion, as it will affect the numerous communicators in the area. tie felt it is difficult to legislate aesthetics, since it is a matter of opinion; to him a beam antenna is very pretty. He suggested that if the proposal addressed the safety of installations that would be another matter. He expressed particular objection to the proposed setback requirement, which he contended is not in keeping wit the rest of the building code. Wyatt Clark, 1014 Hilltop Drive, pointed out it is hard to estimate the height of an antenna; he believed most of the antennas sho~n in the slides this evening were higher than the estimates given. He also contended most of the antennas are not noticeable to the immediate neighbors and in many cases they are not aware of the location of such antennas. He expressed the opinion that tile proposed setback regulation would eliminate 95% of the installations as a conforming use. Dr. James C. Baker, 427 Corte I,laria, the husband of Jolene MacPherson, requested permission to show a few slides which depict the view of antennas from their o~n back yard, and portray what the result can be if there is no regulation on the number of antennas that can be erected. In response to a question from the Commission he elaborated on the interference which they have experienced. He reported that it has been continual interference on the telephone in spite of repeated service calls made by the telephone company during the last two years, although they have lowered the level of interference on the telephone. He has also had an interference problem with the stereo, and with the TV's, including cable TV. Dr. Alfred Salganick, 855 Country Club Drive, advised that one of the antennas shown by the Planner was his, and it is 80' in height. In his opinion it is a beautiful tower and he resents people saying it is not good looking. -16- April 9, 1975 Ed D'Lugo, 211 East lqillan, reported that he had recently canvased four precincts in the city, and in talking to 308 registered voters, he received all sorts of complaints about the city, but not one said anything about the appearance of ham antennas or anything like that, so he felt the problem was not serious. Clayton Bulen, 226 Church, added his agreement to testimony previously submitted in support of antennas. As a licensed radio operator since 1920 he has never had a complaint of any kind. Ernest Robbins, 488 Elm Avenue, expressed the opinion that restricting amateur radio transmitting would be detrimental to retired persons, or shut-ins, who have this activity as their means of communicating with others. He pointed out the service which Ham operators render to the community and that it would be a great injustice to the amateurs if the proposed ordinance is imposed on them. ~oble llassey, 415 Corte Maria, advised that he is the owner of the antenna about which the complaint was made. He reported that he seldom operates his equipment until after 10 p.m. Ue advised that he handles health, comfort and welfare messages, mostly from New Guinea, and this requires a good antenna. He reported that he is going to operate at this location, as it is his right to do. His antennas are not permanent structures, but if one is removed, it will be replaced with another which better meets his need. As no one else wished to speak, the public hearing was closed. Assistant City Attorney Beam pointed out that any consideration for an ordinance amendment should not relate to any particular person; the Commission is contemplating potential legislation that will affect the entire community. He reminded that the City of Chula Vista has no legal authority to regulate electronic emission as that area is covered by administrative regulations adopted by the F.C.C. The City is preempted from adopting regulations in the same area or which would conflict with the F.C.C. regulations. He indicated that if the Commission does recommend to the City Council the adoptioh of an ordinance to regulate antennas as to size and location, he would anticipate that the Attorney's office would want to contemplate some amendments to the ordinance that would be forwarded to the City Council. Director of Planning Peterson commented that one of the purposes of a public hearing is to gather information and he felt that a good deal of information has been gathered in this particular hearing. He indicated he ~ould not push for adoption of the ordinance as drafted, since it apparently needs more work. He suggested that if the Commission feels some sort of regulation should be adopted then the public hearing should be continued to a certain date. If the Commission feels that no regulation needs to be adopted, the proceedings could be terminated at this time. Chairman Chandler suggested that the Commission take advantage of the offer made by representatives at this hearing to cooperate with the City and come up with suggestions for a workable solution. Commissioner Pressutti suggested that some definite action should be taken with regard to forming a committee that would develop a set of guidelines to be brought back for Commission consideration within a certain time limit. -17- April 9, 1975 Mr. Babin advised that l,lr. Shepherd, who is the legal counsel for American Radio Relay League is ill this evening and could not attend this meeting, but he felt that if the City Attorney would contact I,lr, Shepherd they could bring the expertise available from the American Radio Relay League of regulations in effect throughout the country. Mr. Beam suggested that the Planning Commission recommend to the City Council that a group be formed along the lines indicated to further study the problem and n~ake recommendations either in conjunction with the Environmental Control Commission or with the Planning Commission. Commissioner Starr suggested that such a group should also address itself to the problem of interference; if it means raising the height of antennas or increasing the area from which it may operate in order to eliminate interference, that should be considered as well as the aesthetics. MSUC (Rudolph-Pressutti) The Commission recommends to the City Council the formation of a committee representing the communications groups to study this problem and make a proposal for Commission consideration on July 9, 1975. 10. PUBLIC HEARING: (Cont.) Consideration of amendment to Zonin9 Ordinance relating to Precise Plan requirements and procedures. MSUC (Floto-Pressutti) The public hearing in consideration of an amendment relating to Precise Plan requirements and procedures be continued to the meeting of April 23. 11. PUBLIC HEARING: Consideration of Public Building Element of General Plan I~SUC (Floto-Pressutti) The public hearing in consideration of the Public Building Element of the General Plan be continued to the meeting of April 23. DIRECTOR'S REPORT Mr. Peterson advised that the meeting next week is normally a study session. Three amendments to the General Plan have been set for ~public hearing, but they could be very short. The Commission suggested that the meeting also include some discussion on the Iloscone bill requirements. ADJOURNI,tENT Chairman Chandler adjourned the meeting at 11:50 p.m. Respectfully submitted, t{elen Mapes Secretary