HomeMy WebLinkAboutPlanning Comm min 1974/11/27 MINUTES OF A REGULAR MEETING OF THE
CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA
November 27, 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, Rice, Floto, Starr, Pressutti and Smith. Also
present: Director of Planning Peterson, Assistant Director of Planning Williams,
City Attorney Lindberg 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 (Rice-Rudolph) The minutes of the meeting of November 13, 1974 be approved
as mailed.
Chairman Chandler called for oral communications and none were presented.
1. Consideration of establishing Open Space Maintenance District #5, Windsor
Park and Hilltop Panorama
Chairman Chandler noted the recommendation that the request be filed since the
signators of the petition have requested its withdrawal.
MSUC (Rice-Rudolph) The petition to establish Open Space Maintenance District #5
at Windsor Park and Hilltop Panorama be filed.
2. Request for extension of time for installation of public improvements for
Chula Vista Service Clubs at 529-533 Fourth Avenue
Director of Planning Peterson reported that about 2 1/2 years ago a conditional use
permit for a parking lot in an R-3 district was approved by the Planning Commission
subject to a number of conditions. The conditions were later modified at the
applicant's request and a one year time limit was set for the construction of
those improvements which relate to fencing along some of the property lines and
to landscaping.
Mr. Peterson reported that those improvements were to have been installed by
August, 1974. That time limit was not met, although at that time the organization
was attempting to complete some financial arrangements that would enable them to
complete the improvements. Since this has not been accomplished it is recommended
that the Planning Commission grant an extension of 90 days in which the work shall
be completed, or the matter shall be referred to the City Attorney's office for
legal action to secure performance under the conditions of approval.
In response to Commissioner Rice's question as to why a further time extension
should be granted, Mr. Peterson advised that he has been informed that the Service
Club is now in a position to start construction of the fence but this cannot be
- completed overnight and some construction period is reasonable.
-2- Nov. 27, 1974
Henry Mueller, member of Southwest Lions Club and President of Chula Vista
Service Clubs, spoke of their efforts to obtain financing to complete the site
improvements as required. He reported that the board of directors of that
organization now feel that in the interest of permanence a block wall would be
preferable to a wooden fence along the alley and along the north property line
to separate the parking lot from adjacent residential use. He asked if the wall
adjacent to the alley could be reduced in height to 3 feet and placed on the
property line, rather than set back 5 feet wi th landscaping placed outside of
the wall. He indicated this would permit them to orient landscaping of the
parking lot toward Fourth Avenue, and the lower wall would not present a sight
problem for motorists leaving the parking lot as would be the case with a
higher wall. He pointed out that other properties adjacent to the alley have
not been required to maintain a setback.
In response to questions from the Commission, Mr. Peterson advised that the
City's Landscape Manual requires that 10% of offstreet parking areas be landscaped
and that the landscaping required by the Commission's approval amounts to only
about 5%; he also expressed the opinion that for screening landscaping, 5 ft.
width is minimal.
Commissioner Smith inquired what legal action would be taken by the City
Attorney's office in the event the improvements are not completed within the
time limit.
City Attorney Lindberg advised that two courses of action are available. To
file a criminal complaint for a violation of the Zoning Ordinance under the
Comprehensive Zoning Act; or, to seek to have the situation declared a nuisance
in a civil action. He also affirmed that it would be a possible alternative for
the City to have the work completed and assess the property owner for the cost,
but the City has never pursued that action in this type of situation.
Mr. Lindberg also affirmed that failure to comply with the conditions constitutes
a cause for revoking the conditional use permit.
In response to a question from Commissioner Rudolph, Mr. Peterson indicated a
willingness to approve a block wall in lieu of a wooden fence. He also felt
a 3 or 3~ ft. high wall might be acceptable, but it would then require a dif-
ferent type of landscaping to more effectively screen the parking area.
Commissioner Pressutti suggested that the change of wall design, location and
landscaping should be discussed between the applicant and the Planning Depart-
ment staff.
MSC (Rice-Starr) A 90 day extension of time for installation of improvements
to the Chula Vista Service Clubs parking area be approved with the work to be
completed in accordance with the recommendation contained in the staff report.
The motion carried by the following vote:
AYES: Commissioners Rice, Starr, Rudolph, Chandler and Smith
NOES: Commissioners Pressutti and Floto
ABSENT: None
-3- Nov. 27, 1974
3. PUBLIC HEARING (Cont.): Consideration of amendment to the General Plan
of the City of Chula Vista for the E1 Rancho del Re~ area
to cause said General Plan to reflect the concepts of the
Hillside Modif~in~ District
Director of Planning Peterson stated that it is his recommendation that both
this item and item 4 on the agenda, which is consideration of an amendment of
the E1 Rancho del Rey General Development Plan to bring into conformance with
the Hillside Modifying District, be continued to the meeting of January 22, 1975,
with the possibility of further continuance after that date. He pointed out the
advisability of testing the land uses proposed in the Sketch Plan against the
system of streets proposed by using the County's traffic model, which would
entail several months' work. He advised that this question of delay for the
traffic study will be presented to the City Council on December lOth to ascertain
their desire in this regard. Mr. Peterson pointed out that the traffic study
performed in 1970 for this area has been challenged and he felt it would be
advisable to delay adoption of a development plan until a new traffic analysis
of the new system of land uses and streets has been completed.
City Attorney Lindberg affirmed that the City Council has indicated over the past
two years that they are not willing to accept the development of the property in
question under the terms, conditions and schedule of the General Development Plan
that has been previously approved by the Council, and they would seek a revision
thereof. He felt there is no urgency in the matter since there is not going to
be acceptance of a precise plan under the existing General Development Plan and
schedule, and the property owners have been made aware of this fact.
Don Worley speaking on behalf of Otay Land Company expressed agreement to a con-
tinuance of the hearing to January 22nd.
Commissioner Rudolph expressed the opinion that in considering a General Develop-
ment Plan for the E1 Rancho del Rey Area thought should be given to other matters
as well as to the traffic impact. For example, she felt serious study should be
given to the possibility of providing some moderate priced housing. She sug-
gested holding a workshop on planning concepts prior to adoption of a plan for
the area east of 1-805.
MSUC (Rudolph-Floto) The public hearing for consideration of an amendment to
the Chula Vista General Plan and the E1 Rancho del Rey General Development Plan
be continued to January 22, 1975.
DIRECTOR'S REPORT
Director of Planning Peterson noted that December 18 is the normal date for a
study session, but since the fourth Wednesday in December is a legal holiday,
he suggested that a special public meeting for discussion of the Plaza del Rey
development be held on December 18. The Commission denoted concurrence with
scheduling such a meeting.
COMMISSION COMMENTS
Commissioner Pressutti raised a question as to whether the Commission may approve
an application for variance or conditional use permit with the provision that a
modification of proposed conditions may be resolved between the applicant and
Planning Department staff. As an example, could the Commission have approved the
-4- Nov. 27, 1974
extension of time for the Chula Vista Service Club with modifications to fence
design subject to approval of the Planning Department.
Mr. Peterson expressed the belief that such approval is possible, although it is
usually the staff's preference that the Commission resolve any differences which
may be presented at the meeting because if there has not been agreement between
the applicant and staff prior to the meeting it would be difficult to obtain such
agreement following the meeting.
City Attorney Lindber§ concurred with the remarks made by Mr. Peterson, and noted
that the Planning Commission could approve an application with the provision that
the resolution of details would be handled by the Planning staff. He pointed out,
however, that any broad matters should be decided by the Commission, and any
detailed conditions should be attached by the Commission, if possible, although
there may' be minute details to be resolved by the staff.
MSUC (Rice-Rudolph) The motion for extension of time for the Chula Vista Service
Clubs be amended to give the Planning staff the discretion of approving a block
wall in lieu of a wooden fence around the parking area.
ADJOURNMENT
Chairman Chandler adjourned the meeting at 8:08 p.m.
Respectfully submitted,
Helen Mapes, Secretar~/- v