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HomeMy WebLinkAboutPlanning Comm min 1975/02/26 MINUTES OF A REGULAR MEETING OF THE - CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA February 26, 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, Floto, Pressutti, Smith, and Starr (arrived at 7:08 p.m.). Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Environmental Review Coordinator Reid, Senior Civil Engineer Harshman, Environmental Control Commissioner Hooper, Secretary Mapes, and Assistant City Attorney Beam (arrived at 7:27 p.m.). 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 February 5, 1975 be approved as written. 6. PUBLIC HEARING: 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 Insurance Agency, Inc. 7. Consideration of Precise Plan for development of property in C-V-P-F zone at northwest quadrant of Bonita Road and I-805, Creaser-Price Insurance Agency, Inc. Chairman Chandler noted the recommendation to continue this public hearing and consideration to a future meeting due to lack of information from the applicant. He suggested that this action be taken at this time in case anyone in the audience is interested in that particular project. This being the time and place as advertised, the public hearing was opened. MSUC (Rice-Pressutti) The public hearing for consideration of conditional use permit application PCC-75-2 and consideration of the Precise Plan for development of the property be continued to the meeting of March 12, 1975. 1. Consideration of request for one year extension of time on Variance PCV-74-1, 247 Third Avenue, Ward Fitzpatrick Director of Planning Peterson reported that this variance was approved a year ago to permit reduction of the rear yard adjacent to the alley from 10 feet as normally required to 5 feet, for construction of a new commercial building. The variance was granted for good and valid reasons and there has been no change in the cir- cumstances to warrant a change from that action. It is recommended that the variance be extended for a one year period to expire on February 23, 1976. -2- 2/26/75 MSUC (Rice-Pressutti) A one year extension of time be granted for the utiliza- tion of variance PCV-74-1. 2. PUBLIC HEARING: Rezonin~ PCZ-75-A, 4.6 acres, 400 block of Otay Lakes Road, from R-E to R-E-P~ City initiated Current Planning Supervisor indicated the location of approximately 4 acres on the northeast side of Otay Lakes Road and about 1/2 acre on the southwest side, which is comprised of 3 separate parcels. He advised that a tentative map was submitted to divide the 3~ acres into 3 residential lots. Action on the tenta- tive map is being withheld until a decision is reached on the proposed rezoning. Mr. Lee pointed out that most of the surrounding area carries the Precise Plan Modifying District, with the exception of the area to the south which is zoned by the County for agriculture. Mr. Lee noted the steep terrain of the property located on the north side of Otay Lakes Road, which will present problems in siting houses on the property. Attachment of the "P" zone is recommended in order to provide controls on the development; this would not decrease the density permitted in the R-E zone. This being the time and place as advertised, the public hearing was opened. Wilbur Austin, owner of the 3-1/2 acre parcel, expressed agreement with the proposed application of the "P" zone to the property. As no one else wished to speak, the public hearing was closed. Commissioner Smith expressed his opposition to applying the "P" Modifying District to the property after the owner has started work on the parcel map under the existing R-E zone. Mr. Lee pointed out that under the provisions of the State Map Act the develop- ment of the property must suit the topography, and approval of any division of property could not be given without the assurance afforded by the "P" zone that the development would in fact suit the topography. MSC (Floto-Pressutti) Recommend to the City Council the change of zone from R-E to R-E-P with Precise Plan guidelines as contained in the staff report and based on the findings noted in the staff report. AYES: Commissioners Floto, Pressutti, Starr, Rudolph, Rice and Chandler NOES: Commissioner Smith ABSENT: None 3. PUBLIC HEARING: Conditional Use Permit PCC-75-3 for construction of addition to existing lodge facility~ 666 Telegraph Canyon Road~ B.P.O. Elks #2011 Director of Planning Peterson advised this is a proposal to expand the existing Elks Lodge facility from 7200 sq. ft. by adding an additional 3200 sq. ft., which would enlarge the dining area, provide a game room, office space and storage rooms. This lodge is considered a suitable use in that location, and the property -3- 2/26/75 can accommodate the expansion and provide the additional parking which will be required. Mr. Peterson called attention to the conditions for approval recommended in the staff report. Commissioner Starr asked why the Commission is to certify that the Initial Study was conducted and a Negative Declaration made. Mr. Peterson advised that under the terms of the revised environmental review procedures, which will be discussed later on the agenda, the Planning Com- mission's role is to certify that the study was conducted and a Negative Declaration was made. A copy of the Negative Declaration for this project was sent to each Commissioner. This being the time and place as advertised, the public hearing was opened. Dale Nelson, Building Chairman at the Elks Lodge, raised a question with regard to the condition to require the erosion control planting on the newly graded slopes to be completed prior to the issuance of any permits. He pointed out that their grading permit for the slope requires that erosion control planting be completed by May 7th of this year and that they are presently procuring materials for the irrigation system. He also advised that they have posted an $18,000 bond to assure completion of the planting and irrigation of the slope as specified. He therefore felt they should not be held up in obtaining a building permit for their structure until the planting is completed. Mr. Peterson advised that in view of the bond having been furnished, he would not object to striking the clause that reads, "Prior to the issuance of any permits." Mr. Nelson asked about the statement in the staff report which indicates that the applicant will be required to construct necessary public improvements on their frontage of Telegraph Canyon Road. He asked what these public improvements would consist of. Mr. Peterson advised this would consist of curb, gutter and sidewalk along the applicant's street frontage on Telegraph Canyon Road. This is a normal require- ment under the City Code in the event property improvements at a cost of $5,000 or more are installed. If the applicant desires to attempt to defer the street improvements to a later date, a separate application would be required. As no one else wished to speak, the public hearing was closed. MSUC (Rudolph-Rice) Conditional use permit PCC-75-3 for construction of additional lodge facilities for B.P.O.Elks be approved based on the findings stated in the staff report, and subject to the conditions recommended in the staff report with the deletion of the phrase, "Prior to the issuance of any permits." Commissioner Starr suggested that a representative of the Elks Lodge contact the City Engineering Department to find out exactly the extent of public improvements that will be required. -4- 2/26/75 4. PUBLIC HEARING: Variance PCV-75-2 to create 2 additional lots without street frOntage~ 16 Loualta Way~ Frank R. Verna Current Planning Supervisor Lee indicated the location of a lot just under one acre in size, which is served by a private access road from Hilltop Drive, and is presently improved with one single family home and a swimming pool. The applicant proposes to divide the property into three lots: retaining the existing residence on lot 1, creating lot 2 for an additional residence, and retaining the swimming pool on lot 3. Mr. Lee noted that lot 3 could later be converted to a residential lot, if desired, since it is in excess of the mini- mum lot size. All of the lots would obtain access via the private driveway easement. Mr. Lee noted that the existing trees on the property would be retained and only minimal grading would be required. He called attention to the findings for approval of the application and the recommended conditions. He pointed out that condition 3 should state, "Deed restrictions on the three parcels," rather than "CC&R~s." This being the time and place as advertised, the public hearing was opened. Frank Phillips, Civil Engineer, 240 Woodlawn Avenue, speaking on behalf of Mr. Frank Verna, expressed their agreement with the conditions with the exception that they request the submission of a site plan and grading plan be concurrent with the application for a building permit, rather than with the submission of the parcel map. He advised that the applicant at this time has no plans for the development of lot 2, and it may be developed by another party. He reported that Mr. Verna will retain ownership of the lot on which the swimming pool is located and he may or may not provide for joint use of the pool. Mr. Phillips pointed out that condition 4 requires construction of a 5 ft. high fence around the swimming pool. He asked if the existing 3 ft. high concrete block wall, with glass screening above that, and a locked gate would meet the code requirements. Mr. Lee concurred that the grading plan and site plan can be submitted with the request for a building permit. He also noted that Building Inspection could review the present fencing to insure compliance with the City requirements. As no one else wished to speak, the public hearing was closed. MSUC (Rudolph-Starr) Conditional use permit PCV-75-2 be approved based on the findings stated in the staff report and subject to the conditions as recommended with the exception that site plan and grading plan shall be submitted concurrent with the request for a building permit, and that condition 3 shall require deed restrictions rather than CC&R~s. -5- 2/26/75 5. PUBLIC HEARING: Conditional Use Permit PCC-75-4 to operate classroom and office in C-B zone~ 307 Third Avenue~ Phoenix Institute Director of Planning Paterson reported that The Phoenix Institute has been operating a gift and thrift shop at 307 Third Avenue for at least five years. It was learned that they are also holding classes at this location, which makes them a private school and requires approval of a conditional use permit. The Institute holds classes virtually seven days a week during the morning and afternoon, and occasionally during the evening. Some of the classes deal with crafts and others with bible study, meditation and self improvement. It was also determined that under the State code an assembly use comes under a dif- ferent classification than a retail store and requires a higher degree of fire resistance and fire escape. In inspecting the structure the Fire Department discovered a number of discrepancies which must be corrected if the use is approved. Mr. Paterson acknowledged that the Downtown Association has expressed a prefer- ence for retail sales use on the ground floor of buildings in that area; how- ever, a review of principle permitted uses in the C-B zone reveals a number of uses that are not necessarily retail sales, such as cabinet shops, plumbing and heating shops, and business and technical schools. He further noted that on Third Avenue at the present time are a ballet or formal dance school, karate school, beauty college, as well as other nonretail uses, such as beauty shops, professional offices, and loan companies. Mr. Paterson pointed out that the history of older downtown areas in cities across the country shows a pattern of phasing out many retail uses and replacing them by service uses, offices and very specialized retail uses. He pointed out that uses of this type have the potential of drawing people into the area who will patronize some of the stores that exist there. Mr. Paterson noted that no evidence of incompatibility between this use and other uses in the area has been found and the staff recommends approval subject to two conditions noted in the report, one of which pertains to compliance with the Uniform Building Code and the fire regulations under the California Administrative Code. Commissioner Starr asked if other establishments which conduct classes or have assemblages of people are under the same code requirements as specified in this case. Gene Dean, Fire Marshal, reported that the Fire Department periodically and regularly conducts inspections of commercial buildings and requires compliance with fire safety code requirements. This being the time and place as advertised, the public hearing was opened. Mrs. Kathryn Breese-Whiting, President of The Phoenix Institute, reported that they have just entered the last two years of a 10 year lease at this location. She stressed that the classes are small in size, the majority having 6 or 7 people at a time, and she felt the regulations pertaining to larger assemblies, such as 50 people, should not be applied to such small groups. -6- 2/26/75 Don Richey, 92 F Street, appearing as a representative of the Chula Vista Downtown Association, reported it has been the feeling and hope of that association that the store front buildings on Third Avenue would be reserved for retail sales businesses. He noted that The Phoenix Institute has operated a gift shop for a number of years, and it is presumed they have the right to continue that operation, but the Downtown Association would object to a change in the use of the building to principally a classroom facility. Ray Mizer, 7347 Player Drive, San Diego, speaking on behalf of The Phoenix Institute, expressed the opinion that the nature of businesses on Third Avenue cannot remain unchanged, but should be expanded to include other compatible uses. He pointed out that if the area is strictly limited to retail sales stores there will be a lot of vacant buildings in the area. As a student of The Phoenix, he testified as to the beneficial attributes it provides for those who attend. He expressed the opinion it is a definite asset to the community. Assistant City Attorney Beam pointed out that the requirements relating to fire protection are not regulations which the City imposes, but are State law which the City must enforce; the City Departments have very little discretion in the matter. Juliette Mando, 1042 23rd Street, San Diego, former manager of the gift and thrift shop, spoke of the improvements which have been made in the quality and atmosphere of the store operation, noting that this operation will draw a better clientele to the area. Mrs. Clay Perry, 8911 Nottingham Place, La Jolla, reported she has been attend- ing these classes 4 or 5 times a week since October and she feels The Phoenix Institute provides meaningful service to the community. Bill Bronde, 4026 Wabash Avenue, San Diego, spoke in support of the classes held by The Phoenix Institute and urged that they be permitted to continue. As no one else wished to speak, the public hearing closed. Commissioner Rudolph pointed out that the value of The Phoenix Institute as an institution does not relate to where it is located. She reported that she has been in the gift shop which is at the front of the building and believes it is compatible with the downtown area. She further pointed out that conducting the classes would bring additional people into the area which would be beneficial to other business establishments. She also concurred that the downtown area will undergo a change, but with the redevelopment program she would hope the change will be beneficial rather than detrimental. Commissioner Starr concurred and pointed out no testimony was given to indicate The Phoenix Institute is in any way a nuisance in the area and he could see no reason for denying approval of the application, MSUC (Rudolph-Rice) Conditional use permit PCC-75-4 be approved based on the findings stated in the staff report and subject to the following conditions: -7- 2/26/75 1. Class size shall be limited to 25 persons. 2. The applicant shall apply for a Certificate of Occupancy for the new use, and shall comply with all requirements of the Uniform Building Code and Title 19, California Administrative Code. The Chairman reminded the applicant there is a 10 day appeal period and no permit can be issued until that period has expired. 8. Discussion of draft of revised environmental review polic~ Environmental Review Coordinator Reid called attention to the draft of the revised environmental review policy which was earlier sent to the Commission and asked for suggestions or comments from the Commission on this policy. Assistant City Attorney Beam pointed out that under the revised policy the Commission will take action on Negative Declarations as they previously have on the content of Environmental Impact Reports. He advised that most of the changes in the policy have been mandated by court decisions in the last 12 months. While the new policy is quite complex, it came about in response to changes in the legislation and as a result of the case law change. Commissioner Starr expressed concern that the policy adopted by Chula Vista is one of the most stringent in the area. He felt that the Initial Study applica- tion is too involved, asking for more detailed information than an applicant should be required to furnish, which in many cases would require the applicant to seek professional help in the fields of air pollution, noise and traffic. If Chula Vista is going to be more stringent than the neighboring cities, he felt that should be justified. He requested that the staff obtain application forms from the City of San Diego, County of San Diego, La Mesa, E1 Cajon, Escondido and National City and make a comparison between what is required by those applications and by the City of Chula Vista. Mr. Beam advised that he will attempt to acquire that information at a countjavide association meeting on the California Environmental Quality Act which he will be attending the latter part of the week. He pointed out that a thorough Initial Study protects the applicant from later delays or challenges on the project. He stressed that having complete information is necessary in order for the Environmental Review Committee to determine whether an Environmental Impact Report is required on a particular project. Commissioner Starr formally requested that a comparison be made between Chula Vista~s requirements and those of neighboring cities. He also pointed out that many of the Environmental Impact Reports are repetitious of information contained in former reports, but each has required a separate study by professional con- sultants. Mr. Beam agreed that the California Environmental Quality Act has resulted in substantial problems with regard to development. Ne suggested that the Com- mission thoroughly familiarize themselves with the sections in the polic~ as to how to use an Environmental Impact Report to minimize the adverse environ- mental impact in order to suggest improvements to a proposed development which will minimize those impacts. -8- 2/26/75 ORAL COMMUNICATIONS The Chairman called for oral communications and none were submitted. DIRECTOR'S REPORT Mr. Peterson asked if the Commission wished the March 19th Study Session scheduled for 5:00 p.m. to be followed by dinner. The Commission concurred. Mr. Peterson reported that all conditions required of the Palomar Inn halfway house have been complied with. Also, that the key shop at the Fed Mart site had been illegally constructed, but the owner is now preparing plans to be processed through the Planning Department for approval. COMMISSION COMMENTS There were none. ADJOURNMENT Chairman Chandler adjourned the meeting at 8:45 p.m. Respectfully submitted, Helen Mapes Secretary