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HomeMy WebLinkAboutPlanning Comm min 1974/12/11 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA December 11, 1974 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, Rice, Smith and Starr. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Associate Planner Quinney, Assistant Director of Public Works Robens, Assistant City Attorney Beam and Secretary Mapes. The pledge of allegiance to the flag was led by Chairman Chandler, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Rudolph-Pressutti) The minutes of the meeting of November 27, 1974 be approved as mailed. ORAL COMMUNICATIONS Bill Glanz, Pacific Sign Construction, 616 Oaklawn Avenue, requested that item 8 on the agenda be postponed to a future meeting since it is not possible for a representative of Bay General Hospital, applicant in the case, to be present at this meeting to discuss their need for the requested signing. MSUC (Rice-Starr) The public hearing for consideration of variance PCV-74-14 for a freestanding ground sign at the H Street entrance of Bay General Hospital and Medical Center be continued to the meeting of January 8, 1975. CONSENT CALENDAR 1. Consideration of request for deferral of public improvements to alley at 420 Church Avenue, Robert Merritt Current Planning Supervisor Lee noted this is a routine request for deferral of the installation of public improvement to the alley required in connection with development of the property. Since the rest of the alley is not improved, it is recommended that the request for deferral be approved. MSUC (Rudolph-Floto) The consent calendar item be approved in accordance with the staff recommendation. REGULAR CALENDAR 2. a. PUBLIC HEARING (Cont.): Consideration of rezoning approximately 40 acres on north side of Telegraph Canyon Road from R-1 to R-1-5 PUD, PCZ-74-M, Dale Construction company -2- Dec. ll, 1974 b. Consideration of Planned Unit Development PUD-73-1~ Hilltop Terrace~ on north si~e of Telegraph Canyon Road~ Gersten Company c. Consideration of tentative map of Hilltop Terrace~ PCA-74-7) Dale construction Company Director of Planning Peterson pointed out this item has been on the Commission agenda on three previous dates and continued each time. Again the applicant has not submitted the necessary plans for consideration, so a continuance to the meeting of January 8th is recommended with the provision that no further continu- ance beyond that date would be recommended. Consideration of rezoning might be considered without development plans. MSUC (Rice-Floto) The public hearing be continued to the meeting of January 8, 1975 and that the applicant be advised this will be the last continuation of this hearing. 3. PUBLIC HEARING: Consideration of request for deferral of under~roundin.9 utility service lines to 26~ Talus Street) Ronald Swaim Director of Planning Peterson advised this request relates to the construction of a single family home on an undeveloped lot remaining from a tract which was built 8 or 9 years ago; the tract is served by overhead utility lines. In evaluating the request it was felt that the visual benefit from undergrounding one lot is not substantial as measured against the cost of placing the lines underground. It is recommended that deferral be approved subject to an agree- ment by the applicant not to oppose the undergrounding in the future and to waive the right to protest the formation of an undergrounding district. This being the time and place as advertised, the public hearing was opened. As no one wished to speak, the public hearing was closed. MSUC (Pressutti-Rudolph) The request for deferral of undergrounding utility lines at 264 Talus Street be approved subject to the condition as stipulated in the staff report. 4. PUBLIC HEARING: Rezonin9 PCZ-74-N - 2± acres at 265-295 E Street from C-T to C-C~ Council initiated Associate Planner Quinney reported that this rezoning was initiated at the request of the Council when an adjacent parcel was recently rezoned to C-C-P and concern was expressed over the variety of commercial zone designations in the area. In reviewing this it was found that the land uses existing on the property are in conformance with the C-C zone. This zone will permit a variety of commercial uses and will better buffer the residential uses adjacent on the north. This change is in conformance with the General Plan and is recommended for adoption. This being the time and place as advertised, the public hearing was opened. As no one wished to speak, the public hearing was closed. MSUC (Floto-Smith) Recommend to the City Council the rezoning of property at 265-295 E Street from C-T to C-C. -3- Dec. ll, 1974 5. PUBLIC HEARING: Consideration of amendment to Zonin~ Ordinance to permit hay and feed store~ in "A" A~ricult~ral zone Associate Planner Quinney advised that this amendment has been prepared partly at the request of a property owner interested in moving his hay and feed store operation into the city limits in the Bonita area and partly in connection with an on-going effort by the City to update the Zoning Ordinance. He pointed out that a feed store operation is presently allowed only in the C-T zone and plant nurseries are allowed in four commercial zones, some of which require a con- ditional use permit. It is felt these uses are closely related to agricultural activities and are appropriate in the "A" zone. Mr. Quinney called attention to the proposed guidelines to be included in the Special Provisions section of the Zoning Ordinance which would relate to the location of hay and feed stores. Commissioner Smith expressed the opinion that further elaboration is needed in the guideline that the storage of hay and feed should be totally enclosed and properly ventilated. Mr. Quinney advised it is the intent that such storage would be within a build- ing and would probably require overhead ventilation. Details would be considered during the review and approval of development plans for any proposed facility. This being the time and place as advertised, the public hearing was opened. Mr. Carl Berg advised that he owns a feed store in the Bonita area and is inter- ested in moving to a location that is within the city limits. He reported there would be no milling or packaging on the site, since all feeds are brought in sacked and all hay is baled. There would be no loose hay or loose material of any type in the facility which he proposes. As no one else wished to speak, the public hearing was closed. The Commission discussed the advisability of including further guidelines or controls in the ordinance and it was pointed out that hay and feed stores would be subject to a conditional use permit, and proper controls would be applied in each application based on the location and the adjacent uses. It was further pointed out that all facilities wi thin the city are subject to adopted perform- ance standards relating to the control of noise, dust and odors. MSUC (Starr-Smith) Recommend to the City Council the adoption of amendments to Sections 33.501A and 33.901 B, relating to the location of hay and feed stores and plant nurseries in the Agricultural zone, as recommended in the staff report. Chairman Chandler announced that a request was received to move item 6 to the end of the regular calendar,following the other public hearings. -4- Dec. ll, 1974 7. PUBLIC HEARING: Variance PCV-74-12~ request for reduction in front setback 10' to O~ 629 Third Avenue~ Zuhlke and Moore Associate Planner Quinney reported that this request relates to the construction of a relatively small, two-story office building, on the front property line at 629 Third Avenue, whereas the zoning ordinance requires a 10 foot setback in this zone. In reviewing the application it was determined there is ample room on the site to construct the building without encroaching into the front set- back. It was also determined that a two-story building would have good visi- bility without reducing the required front yard. Staff could find no hardship peculiar to the property which would justify the granting of the variance and accordingly recommends denial of the request. Mr. Quinney also reported the receipt of a letter from the Eye Physicians Medical Group,who plan to build on a nearby lot, expressing opposition to the variance request. This being the time and place as advertised, the public hearing was opened. Quint Zuhlke, one of the applicants, pointed out that offices on the ground floor of the building would not have good visibility at the 10 foot setback since the building would be set back 7 feet further from the street than the adjacent building. Howard Hill, speaking for the Eye Physicians Medical Group, confirmed that the doctors are opposed to the granting of this variance since it would lead to requests by others to build at the front property line. He reported that the Eye Physicians plan to construct a new office building next year at 681 Third Avenue and they will have a 25 foot front setback. As no one else wished to speak, the public hearing was closed. Commissioner Pressutti asked if the applicant would be limited to a wall sign placed on the building, and it was noted he would be permitted a freestanding or monument sign if he preferred. MSUC (Rudolph-Floto) The request for reduction of front setback from 10' to 0 at 629 Third Avenue be denied since no hardship peculiar to the property was found which would justify approval of the variance. The Chairman advised the applicant of his right to appeal the decision of the Planning Commission to the City Council with ten days. 8. Chairman Chandler noted that this item was earlier continued to a subsequent meeting. 9. PUBLIC HEARING: Variance PCV-74-13, request for reduction in lot frontage, 60' to ~,i180 K Street~ Victor O. We~sser Director of Planning Peterson indicated on a plat the location of a 290 foot deep lot which is proposed to be divided into two single family lots, both of -5- Dec. ll, 1974 which would contain more than the minimum required lot size. The lot to the rear would have no frontage on a dedicated street but would obtain access from K Street via an easement previously established on the adjacent property. He pointed out there is a hardship based on the configuration of the property and without the granting of the variance this property would be deprived of rights enjoyed by other properties in the vicinity. Mr. Peterson called attention to the nine conditions enumerated in the staff report to apply to the development of the second parcel. This being the time and place as advertised, the public hearing was opened. Mr. Victor Weisser expressed concurrence with the conditions recommended in the staff report. As no one else wished to speak, the public hearing was closed. Commissioner Smith suggested that recordation of the access easement concurrent with the filing of a parcel map for division of the property would be advisable since the present owner might divide the property and then never apply for a building permit. Mr. Robens confirmed this is the normal procedure, to record an easement at the time a parcel map is recorded. MSUC (Rudolph-Smith) Variance PCV-74-13 for reduction of lot frontage be approved subject to the conditions enumerated in the staff report and based on the findings contained in the staff report. 10. PUBLIC HEARING: Review of conditional use permit PCC-73-17 for residential care facil~t~ 1169 Frontage Road~ Will~amB. sumne~ Current Planning Supervisor Lee reported that approval of this residential care facility was granted in September, 1973 subject to a number of conditions for the improvement of the site. In September of this year the Planning Department advised Mr. Sumner and his attorney, Mr. Shamsky, that since the conditions had not been complied with, a status report would be presented to the Planning Com- mission on October 9, 1974. Correspondence from Mr. Shamsky indicated that Mr. Sumner would be unable to attend that meeting due to his absence from the State and requested that the report be submitted in November. Upon receiving that report on November 13, the Planning Commission directed the setting of a public hearing to consider revocation of the conditional use permit, due to non-compliance with the conditions of approval. Mr. Lee advised that this facility is licensed by the State and the County Health Department handles the inspection of the facility. Information was received that the facility was inspected on December 10th and the Planning Department was advised that the County would be granting conditional approval to continue the operation. Mr. Lee reported that an inspection made of the site on December 3rd by Planning personnel revealed that the following requirements have not been met: -6- Dec. ll, 1974 1. Existing fencing on the easterly property line of the grassed recreational area is to be repaired to provide a solid buffer between this area and the single family homes to the east. 2. The central court yard area shall provide for activities on a hard surfaced area and also provide space for reading and general relaxation in a pleasant setting; this to be accomplished by landscaping planters, shade trees around the perimeter of the court yard as well as providing patio furniture. 3. A revised plot plan showing a separation between this facility and the adjoining restaurant was submitted; however, the fence as indicated has not been installed. Mr. Lee advised that it is the staff's conclusion that by not complying with the Planning Commission's requirements, the applicant has not provided the residents of the facility with the living environment envisioned by the Planning Commission when approval was granted. It is therefore recommended that the Com- mission direct the staff to prepare a resolution for adoption by the Commission revoking the conditional use permit. This being the time and place as advertised, the public hearing was opened. William B. Sumner reported that he has been getting estimates and awarding contracts for the installation of the landscaping as required and he felt this would be almost completed by January 8th. He further advised that their license from the State is due for renewal on January 13th and that renewal requires the completion of the requirements recommended by the Planning Commission. Mr. Sumner pointed out that he does not own the grassed recreation area at the south end of the facility, but the owner has been kind enough to give them the use of that yard if it is kept up. He could not assure the Commission of the installation of a fence on that area. He also indicated that the pro- posed fence between his facility and the restaurant is shown partially on property in another ownership. He advised that the restaurant is now closed and he is negotiating to obtain that property if possible. Mr. Sumner advised that he has spent about $18,000 during the last year to install pump stations, fire alarm system, and interior remodeling as required by the licensing agency. Testimony was given by Mr. Espinoza, who operates a business at 1165 Walnut Avenue, and Mr. Viscarra, who resides at 1169 Walnut Avenue. Both expressed concern over the operation of this facility since the occupants are not con- fined to the premises and occasionally wander about causing disturbance to residences and businesses in the area. As no one else wished to speak, the public hearing was closed. Commissioner Floto expressed the opinion there should be a fence around the entire property to separate it from adjacent residential use. -7- Dec. ll, 1974 Commissioner Smith expressed concern that approximately 3/4 of the recreational area is not owned or permanently controlled by the owner of this facility. Mr. Lee advised this recreational area was not a requirement in the original request, but it was indicated that it would be available for use by the inhabit- ants, and the Planning Department recommended that it be screened with a solid fence in good repair. Commissioner Smith pointed out that if the inhabitants of the facility are not confined to the premises the construction of a fence would not protect the adjoining properties from being encroached upon. Commissioner Starr pointed out that problems have been presented which do not fall under the control of the Planning Commission. He asked if the Commission's concern is not with the appearance and the fulfillment of the stipulated re- quirements. Assistant City Attorney Beam advised that since the Commission is considering possible revocation of the conditional use permit, consideration may be given to whether the original conditions are adequate and whether or not the facility can be supported by the findings which are mandatory under the Zoning Ordinance. He indicated, however, that the primary concern should relate to the fulfillment of the conditions previously imposed. He suggested that the Commission might continue the public hearing to permit the owner to demonstrate that the con- ditions have been met. In response to a question raised, Mr. Beam advised that the Commission does not have the authority to dictate restrictions upon the persons who reside in the facility; that is covered under other provisions of the State law and by other agencies. However, it is appropriate for the Com- mission to hear what restrictions are placed upon those persons when considering whether or not the use is compatible with the surrounding area. He pointed out that the public hearing had been closed and if the Commission wished further testimony the hearing should be reopened. MSUC (Rice-Starr) The public hearing for review of the conditional use permit for a residential care facility be reopened. On request from the Commission, Mr. Sumner reported that the clients referred to the Palomar are people who primarily have social adjustment problems. These referrals are reviewed by a team of doctors and they are followed by the team, but they are in no way restricted from freedom of movement at this facility or throughout the community. The facility, primarily, provides a supportive atmosphere but some of the clients are under the jurisdiction of a guardian or a conservatorship to protect any financial holdings. These facilties were pre- viously called non-medical out-of-home care facilities. He discussed a similar facility in La Mesa which has been in operation for a number of years. He felt there is no place in Chula Vista where a facility of this type would affect a smaller number of residences since it is bordered on three sides by nonresi- dential uses. He advised that the patients at his facility are completely nonagressive and there are none with hostile tendencies. MS (Pressutti-Rice) The hearing be continued to the meeting of January 8, 1975, with the applicant demonstrating some compliance with the stipulations made by the Commission in the past, and at that time the Commission may make a decision as to the continued operation of the facility. -8- Dec. ll, 1974 After seconding the motion, Commissioner Rice advised that he did not like the term "some compliance"; it is not complete enough, and the Commission should expect full compliance with the conditions, in order to make a recommendation on whether or not to rescind the conditional use permit. Assistant City Attorney Beam informed the Commission that other than failure to meet the conditions that were set out in the conditional use permit, if the Commission wishes, as a separate item, to consider again the reasonableness of the facility in that location, it would require the finding of a compelling public necessity in order to revoke the permit which was issued. Commissioners Pressutti and Rice withdrew the motion and the second to the motion. Current Planning Supervisor Lee suggested that if the Planning Commission is considering a continuation and desires a report from the staff concerning the facility, the January 22nd meeting would allow time for preparation of such a report. He recommended that the applicant be instructed to comply with the requirements no later than January 13. Commissioner Rice pointed out that the fence was an optional item and not in- cluded in the original resolution. He felt the staff should be given some option in determining the necessity of the fence. MSUC (Rice-Rudolph) The public hearing be continued to the meeting of January 22nd and that full compliance of all conditions would be expected at that time. 6. PUBLIC HEARING: Conditional Use Permit PCC-74-27 for construction of new Electronic Switching Station on north side of Telegraph Can~/on Road, 174 mile west of O~a~ Lakes ROad, Pacific Telephone and Telegraph Compan~ Current Planning Supervisor Lee advised that the telephone company is request- ing permission to construct a new switching station to serve the residents in the eastern portion of the city who are presently served by the station on Third Avenue. That station is expected to reach its capacity by September, 1976. The proposed site contains 3.35 acres located west of the intersection of Otay Lakes Road and Telegraph Canyon Road and south of Southwestern College. Mr. Lee pointed out that the road which will provide access to this facility from Telegraph Canyon Road will eventually be extended to the north and east and provide access for future development south and east of the college. Mr. Lee noted the proposed facility will be constructed in two phases; the first phase is an approximately 17,000 sq. ft. structure of two stories with the lower floor being substantially screened by a berm to be constructed on the side adjacent to Telegraph Canyon Road. The later phase would add approxi- mately 36,000 sq. ft., expanding toward the west and increasing the height an additional story, to approximately 31 feet above the height of the berm. The plans indicate a well landscaped buffer area back of the building to blend with the natural canyon area. Landscaping would also be installed along Telegraph Canyon Road in accordance with the Scenic Routes Element of the City. -9- Dec. ll, 1974 Mr. Lee reported that this area is included within Open Space Maintenance District No. 1 and is shown as open space on the Open Space Element of the General Plan. For that reason the architect has proposed a design that will blend in with the surrounding area. If this proposal is approved by the Com- mission it should be forwarded to the City Council for approval of the Precise Plan and release of the property for development. Mr. Lee called attention to the conditions submitted by the staff in recom- mending approval of the application and advised that there is disagreement between the staff and the applicant with regard to the height limitation which the staff contends should be limited to 20 feet above the berm and the appli- cant has requested an ultimate height of 31 feet. Commissioner Starr asked if all wires would be placed underground and it was confirmed this would be the case. This being the time and place as advertised, the public hearing was opened. Bill Watts of the Engineering staff of Pacific Telephone, 525 B Street, called attention to the model which was on display. He also displayed a map showing the limits of the area to be served by this station. This area is presently served by the Third Avenue building which has a capacity of about 3300 tele- phones and it is anticipated that capacity will be reached in 1976. It is expected that the area to be served by the new facility will service approxi- mately 10,800 telephones by 1980. In approximately 1987, if the growth of the area continues as forecast, the second phase of construction will be added, which would be an addition to the first and second floors. Depending on con- tinued growth, the third floor might be required by 1992 or as late as the year 2000. The maximum service that could be offered would be 85,000 telephones in the year 2025. If the third floor is not permitted, the time to reach capacity of the building will be shortened by about 25 years. He indicated it would not be as feasible or economical for the installation of standard equipment to expand the building horizontally instead of adding the third floor. Mr. Lee pointed out that about 40% of the service area shown on the map is located east of Otay Lakes and the City does not anticipate development of that area even by the year 2000 which would reach the capacity of the proposed facility. Commissioner Smith questioned whether it is realistic to believe that what is standard equipment now will be standard equipment 30 years hence. Mr. Watts acknowledged that there have been improvements in equipment during the past 30 years which have reduced building requirements by about half. This ma~v be the case in the future and possibly a third floor would not be needed. They wish, however, to have approval for this expansion if it does become a necessity in order to meet the needs of the area. Neil Larson, architect with Deems/Lewis and Partners, 2901 Fifth Avenue, San Diego, advised that openings into the building are limited to the main entrance and one opening into the service yard with no windows. It is proposed that the exterior of the building will be warm earth tones. It is suggested that sign- ing be limited to one simple logo which would be embedded within the texture of the concrete. -10- Dec. ll, 1974 Commissioner Smith asked the difference in elevation between Telegraph Canyon Road and the top of the berm. Mr. Larson advised this is from 21 to 26 feet. It was noted this would almost put the building out of view of most passers by. Mr. Watts pointed out that the proposed conditions include street improvements for Telegraph Canyon Road along the frontage of this property and expressed the hope that if the design for these improvements is not completed at the time of construction of their facility, they would be permitted to offer a bond to cover the cost of the improvements at a later date. Mr. Robens indicated this is the normal procedure. Mr. Lee noted that one of the conditions for approval is an estimated fire flow requirement of 2,000 gallons per minute. He advised that a letter was received from Otay Municipal Water District indicating that they could not service this facility with that requirement without the construction of a water tank facility. He requested that it be noted in the records that if that is necessary, this would affect the site plan and the applicant would have to come back for approval of that type of facility. As no one else wished to speak, the public hearing was closed. The Commission further discussed the recommended height limitation as opposed to the request by the applicant for a 30 foot height and concurred that with the proper type of landscaping the added height would not be objectionable. MSUC (Starr-Rice) Recommend to the City Council the release of this 3.35 acre site for development as a telephone switching substation along with necessary offsite grading and improvements, and that the City Council approve the Precise Plan and conditional use permit PCC-74-27 subject to the conditions enumerated in the staff report, with the exception that condition 2 be changed to 30 feet instead of 20 feet; approval based on the findings as stated in the staff report. WRITTEN COMMUNICATIONS 11. Consideration of request for sign in R-3 zone~ 378 Roosevelt Street - C. J. Poblete-Moas Current Planning Supervisor Lee reported that a written communication from the applicant requests permission to install a sign in connection with a home occupation permit for a photography-frames business in his home on Roosevelt Street. The proposed sign would identify the business as "The Count's Studios." Mr. Lee pointed out that neither the R-3 zone regulations nor the regulations for a home occupation license allow for the installation of a business sign. He reported there are presently 460 home occupations in the city and if each had a sign it would create an undesirable situation. Mrs. Poblete-Moas called attention to a petition signed by all of their sur- rounding neighbors supporting their request which was sent with their com- munication, and also to the photographs showing other signs in the neighbor- hood identifying apartment buildings as well as the commercial office building adjacent to their property. She advised that their sign, if approved, would -ll- Dec. ll, 1974 be attached to the house at the side entrance, next to the driveway, and not at the front door. She discussed their personal hardship related to her health which requires that her husband remain in the home to care for her. She also discussed their financial hardship and the fact that newspaper advertising had not resulted in any business. She felt this was due to a lack of identifica- tion to enable potential customers to find their location. She asked that the zoning ordinance be amended to permit signs for home occupations in cases of hardship, such as their own, and when surrounding residents indicate they have no objection to a sign. In discussing the request the Commission concurred that it could not be legally approved even by the variance procedure. It was also agreed that an amendment to the zoning ordinance to permit signs for home occupations would not be advisable even though the Commissioners had great sympathy for the personal situation of the Moas family. MSUC (Rudolph-Pressutti) The request for a sign in the R-3 zone be denied. DIRECTOR'S REPORT Director of Planning Peterson noted that the meeting scheduled for the following week, December 18th, instead of being a study session would be a public meeting to consider the Plaza del Rey general development plan on a referral from the City Council. COMMISSION COMMENTS Commissioner Rice reported the unsightly condition of the parking lot at the Pep Boys auto parts store which results from the litter of oil cans and used filters which customers have replaced in their automobiles on the site. He asked if there are ordinance provisions to control this. Mr. Rice also called attention to a key shop which was recently located on the FedMart site and asked if that was officially authorized. Mr. Lee advised that the staff would check these complaints and report back to the Commission. Commissioner Smith commented on a situation he had recently observed in San Francisco with sidewalk vendors progressing to the point of honoring credit cards. ADJOURNMENT Chairman Chandler adjourned the meeting at 10:00 p.m. Respectfully submitted, Helen Mapes, Secretar~J